Ankit Kumar And Others ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 234 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

           Writ Petition (Criminal) No. 222 of 2022


Ankit Kumar and others                            .....Petitioners

                               Versus

State of Uttarakhand and others                  ....Respondents


Present:-
       Mrs. Prabha Naithani, Advocate for the petitioners.
       Mr. Lalit Miglani, A.G.A for the State of Uttarakhand.



                               JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The challenge in this petition is made to the FIR

No. 99 of 2022, under Sections 420 & 120-B IPC, Police

Station Ranipur, District Haridwar.

2. Heard learned counsel for the parties through

video conferencing.

3. Learned counsel for the petitioners would

submit that the case is fully covered by the judgment in

the case of Arnesh Kumar vs. State of Bihar and another

(2014) 8 SCC 273.

4. It is argued that the petition may be disposed of

with the direction to Investigating Officer that he shall follow the directions of Hon'ble Supreme Court in the case

of Arnesh Kumar (supra) during the course of the

investigation of the case.

5. In the case of Arnesh Kumar (supra), the

Hon'ble Supreme Court discussed the scope of jurisdiction

and particularly the aspect of arrest. Directions have been

issued by the Hon'ble Supreme Court to the Investigating

Officer and the Magistrate with regard to arrest and

remand of an accused.

6. This Court has no doubt that the Investigating

Officer shall follow the directions of Hon'ble Supreme

Court as laid down in the case of Arnesh Kumar (supra) in

the instant case.

7. With the above observations, the instant writ

petition stands disposed of.

(Ravindra Maithani, J.) Vacation Judge 08.02.2022 Nahid