WPCRL/344/2022
2022 Latest Caselaw 507 UK

Citation : 2022 Latest Caselaw 507 UK
Judgement Date : 3 March, 2022

Uttarakhand High Court

WPCRL/344/2022 on 3 March, 2022

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


                     03RD MARCH, 2022


      CRIMINAL WRIT PETITION NO.344 of 2022


Between:

Rupa Darnal and two Others.                ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Akshay Latwal, learned
                               counsel.


Counsel for the State/  :      Mr.    Pratiroop     Pandey,
Respondent nos. 1 to 3.        learned A.G.A. assisted by
                               Mr. Rohit Dhyani, learned
                               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.0263 of 2021, registered with Police Station Cantt, District Dehradun for the offence under Sections 498 A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Akshay Latwal, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mr. Rohit Dhyani, the learned Brief Holder for the State.

3. 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 Cantt, District Dehradun, the respondent no.3/ the Investigating Officer 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 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.344 of 2022 is disposed of with a direction to the Station House Officer, Police Station Cantt, District Dehradun, the respondent no.3/ the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another.

__________________ ALOK KUMAR VERMA, J.

Dt: 03rd March, 2022 Neha