WPCRL/77/2022
2022 Latest Caselaw 483 UK

Citation : 2022 Latest Caselaw 483 UK
Judgement Date : 2 March, 2022

Uttarakhand High Court

WPCRL/77/2022 on 2 March, 2022

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


                     02ND MARCH, 2022


      CRIMINAL WRIT PETITION NO.77 of 2022


Between:

Santokh Singh Bhangu and Another                ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners:    Mr. Navnish Negi.


Counsel for the State/      :   Mr.    Pratiroop    Pandey,
Respondent nos. 1 & 2.          learned 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.0001 of 2022, registered with Police Station Betalghat, District Nainital.

2. Heard Mr. Navnish Negi, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

3. The learned counsel for the petitioners submitted that the petitioners are wanted for the offence under Sections 380, 406, 452, 147, 323, 504 & 506 read with Section 34 of the IPC.

4. 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 Betalghat, District Nainital, 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.

5. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioner.

6. In view of the above, this Criminal Writ Petition No.77 of 2022 is disposed of with a direction to the Station House Officer, Police Station Betalghat, District Nainital, 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: 02.03.2022 JKJ/Pant