WPCRL/174/2022
2022 Latest Caselaw 223 UK

Citation : 2022 Latest Caselaw 223 UK
Judgement Date : 3 February, 2022

Uttarakhand High Court

WPCRL/174/2022 on 3 February, 2022

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


                   03RD FEBRUARY, 2022


      CRIMINAL WRIT PETITION NO.174 of 2022


Between:

Rajpal Singh and Others                     ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Vikas Kumar Guglani.


Counsel for the State/     :   Mr. Rohit Dhyani, learned
Respondent Nos. 1 & 2          Brief Holder for the State.

Counsel for the respondent:    Mr. M.K. Ray.
No.3




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 First Information Report No.0024 of 2022, registered with Police Station Kichha District Udham Singh Nagar for the offence under Sections 420, 504 and 506of IPC.

2. Heard Mr. Vikas Kumar Guglani, the learned counsel appearing for the petitioners, Mr. Rohit Dhyani, the learned Brief Holder appearing for the State and Mr. M.K. Ray, the learned counsel for the respondent no.3 through video conferencing.

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 Kichha, 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 respondents have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.174 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kichha, 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.

(Vacation Judge) Dt: 3rd February, 2022 JKJ/R. Bisht