WPCRL/189/2022
2022 Latest Caselaw 225 UK

        IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    04th FEBRUARY, 2022
      CRIMINAL WRIT PETITION NO.189 of 2022


Between:

Arvind Sharma                                    ...Petitioner.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioner:      Mr. Rajat       Mittal,   learned
                                 counsel.

Counsel for the State/       :   Mr. V.S. Rathore, learned
Respondents.                     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.044 of 2022, registered with Police Station Vikasnagar, District Dehradun for the offence under Section 109 read with Section 354 D of IPC.

2. Heard Mr. Rajat Mittal, the learned counsel appearing for the petitioner and Mr. V.S. Rathore, the learned AGA appearing for the State through video conferencing.

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 Vikasnagar, District

Dehradun, 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.189 of 2022 is disposed of with a direction to the Station House Officer, Police Station Vikasnagar, District Dehradun, 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: 4th February, 2022 Pant/