WPCRL/751/2022
2022 Latest Caselaw 1340 UK

Citation : 2022 Latest Caselaw 1340 UK
Judgement Date : 27 April, 2022

Uttarakhand High Court

WPCRL/751/2022 on 27 April, 2022

         IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
         THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                      27TH APRIL, 2022


       CRIMINAL WRIT PETITION NO.751 of 2022


Between:

Dharam Pal                                    ...Petitioner.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioner :    Mr. Punit Kumar, learned
                                counsel.

Counsel for the State/      :   Mr.    Pratiroop    Pandey,
Respondent nos. 1 & 2.          learned AGA for the State.



Hon'ble Alok Kumar Verma, J.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.180 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 147, 149, 186, 332, 353, 336, 504 and 506 of IPC.

2. Heard Mr. Punit Kumar, learned counsel for the petitioner and Mr. Pratiroop Pandey, learned AGA for the State.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the

concerned Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, the respondent no.2, and the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the petitioner.

4. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.751 of 2022 is disposed of with a direction to the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, the respondent no.2 and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 27th April, 2022 Pant/