WPCRL/545/2022
2022 Latest Caselaw 1047 UK

Citation : 2022 Latest Caselaw 1047 UK
Judgement Date : 31 March, 2022

Uttarakhand High Court

WPCRL/545/2022 on 31 March, 2022

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


                    31ST MARCH, 2022


      CRIMINAL WRIT PETITION NO.545 of 2022


Between:

Wajid.                                         ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner :      Mr. Mohd. Safdar, learned
                                  counsel.

Counsel for the State/        :   Mr. Balvinder Singh, 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.219 of 2022, registered with Police Station Kotwali Gangnahar Roorkee, District Haridwar for the offence under Sections 332, 353, 342, and 504 of IPC.

2. Heard Mr. Mohd. Safdar, the learned counsel for the petitioner and Mr. Balvinder Singh, the learned Brief Holder for the State.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kotwali Gangnahar Roorkee, District Haridwar, 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 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.545 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Gangnahar Roorkee, District Haridwar, 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: 31.03.2022 Neha