WPCRL/306/2022
2022 Latest Caselaw 509 UK

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


                     03RD MARCH, 2022


      CRIMINAL WRIT PETITION NO.306 of 2022


Between:

Harsh Tomar.                               ...Petitioner.

and

Senior Superintendent of Police, Haridwar District
Haridwar and Others.                    ...Respondents.


Counsel for the Petitioner:   Mr. Rajveer Singh, learned
                              counsel.


Counsel for the State.    :   Mr. T.C. Agarwal, learned
                              Deputy Advocate General
                              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.0443 of 2021, registered with Police Station Jhabrera, District Haridwar for the offence under Sections 147, 148, 149, 323, 336, 452, 504, 506 of IPC.

2. Heard Mr. Rajveer Singh, the learned counsel for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General 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 Investigating Officer of this matter, Police Station Jhabrera, District Haridwar, 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 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.306 of 2022 is disposed of with a direction to the Investigating Officer of this matter, Police Station Jhabrera, District Haridwar, 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