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WPCRL/536/2022
2022 Latest Caselaw 1010 UK

Citation : 2022 Latest Caselaw 1010 UK
Judgement Date : 30 March, 2022

Uttarakhand High Court
WPCRL/536/2022 on 30 March, 2022
       IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                       30TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.536 of 2022


Between:

Shri Anil Kukreti and Another                       ...Petitioners.

and

State of Uttarakhand and Others.                ...Respondents.


Counsel for the Petitioners :        Mr.    Nagesh         Aggarwal,
                                     learned counsel.

Counsel for the State/         :     Mr. Rohit Dhyani, learned
Respondent nos. 1 & 2.               Brief Holder 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.0069 of 2022, registered with Police Station Raipur, District Dehradun for the offence under Sections 504 and 506 of IPC.

2. Heard Mr. Nagesh Aggarwal, the learned counsel for the petitioners and Mr. Rohit Dhyani, the learned Brief Holder for the State.

3. During the arguments, the learned counsel appearing for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Raipur, District Dehradun, the respondent no.2, and the

Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, 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.536 of 2022 is disposed of with a direction to the Station House Officer, Police Station Raipur, District Dehradun, the respondent no.2 and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 30.03.2022 Neha

 
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