WPCRL/185/2022
2022 Latest Caselaw 211 UK

       IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                     1st February, 2022
      CRIMINAL WRIT PETITION NO.185 of 2022


Between:

Krishna Singh and Another.                ............Petitioners.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioners:    Mr. Deep Chandra      Joshi,
                                learned counsel.

Counsel for the State/     :    Mr. Lalit Miglani, learned
Respondent nos. 1 & 2.          A.G.A. 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.0124 of 2021, registered with Police Station Haldwani, District Nainital for the offence under Sections 323, 504 and 506 of IPC.

2. Heard Mr. Deep Chandra Joshi, the learned counsel for the petitioners and Mr. Lalit Miglani, the learned A.G.A. 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 Haldwani, District Nainital,

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.185 of 2022 is disposed of with a direction to the Station House Officer, Police Station Haldwani, District Nainital, 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