WPCRL/191/2022
2022 Latest Caselaw 210 UK

       IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                     1st February, 2022
      CRIMINAL WRIT PETITION NO.191 of 2022


Between:

Naveen Khera alias Narendra Khera and Another
             .                      ............Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners:   Mr. Lalit Sharma, learned
                               counsel.

Counsel for the State/     :   Mr. P.S. Uniyal, learned
Respondent nos. 1 & 2.         Brief Holder 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.0050 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 147, 148, 279, and 323 of IPC.

2. Heard Mr. Lalit Sharma, the learned counsel for the petitioners and Mr. P.S. Uniyal, the learned Brief Holder for the State.

3. During the arguments, the learned counsel for the petitioners 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 to follow the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and Another, 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.191 of 2022 is disposed of with a direction to the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, the respondent no.2 to follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another.

__________________ ALOK KUMAR VERMA, J.

Dt: 1st February, 2022 Sanjay