WPCRL/172/2022
2022 Latest Caselaw 213 UK

        IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                       1st February, 2022
      CRIMINAL WRIT PETITION NO.172 of 2022


Between:

Pritam Pal             .                          ...Petitioner.

and

State of Uttarakhand and Others.                ...Respondents.


Counsel for the Petitioner:       Mr. Vikas Kumar Guglani,
                                  learned counsel.

Counsel for the State/        :   Mr. Lalit Miglani, learned
Respondents.                      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.0022 of 2022, registered with Police Station Banbhulpura, District Nainital for the offence under Section 3/7 of the Essential Commodities Act, 1955.

2. Heard Mr. Vikas Kumar Guglani, the learned counsel for the petitioner and Mr. Lalit Miglani, the learned A.G.A. for the State.

3. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Banbhulpura, 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 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.172 of 2022 is disposed of with a direction to the Station House Officer, Police Station Banbhulpura, 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