WPCRL/758/2022
2022 Latest Caselaw 1344 UK

Citation : 2022 Latest Caselaw 1344 UK
Judgement Date : 27 April, 2022

Uttarakhand High Court

WPCRL/758/2022 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.758 of 2022


Between:

Gyan Kaur and four Others                          ...Petitioners.

and

State of Uttarakhand and Others.                ...Respondents.


Counsel for the Petitioners :      Mr. Bhavya Pratap Singh,
                                   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.96 of 2022, registered with Police Station Nanakmatta, District Udham Singh Nagar for the offence under Sections 406 and 424 of IPC.

2. Heard Mr. Bhavya Pratap Singh, learned counsel for the petitioners and Mr. Pratiroop Pandey, learned AGA for the State.

3. During the arguments, the learned counsel appearing for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station

Nanakmatta, 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 petitioners.

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

5. In view of the above, this Criminal Writ Petition No.758 of 2022 is disposed of with a direction to the Station House Officer, Police Station Nanakmatta, 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/