WPCRL/346/2022
2022 Latest Caselaw 525 UK

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


                     04TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.346 of 2022


Between:

Kasif and Others.                          ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Mohd. Safdar, learned
                               counsel holding brief of Mr.
                               Mohd.    Matloob,   learned
                               counsel.

Counsel for the State/     :   Mr. T.C. Agarwal, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               for the State.


Counsel for the            :   Mr. Nawab Ahmad, learned
Respondent No.3                counsel.




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.0132 of 2022, registered with Police Station Ranipur, District Haridwar for the offence under Sections 323, 427, 452, 504 and 506 of IPC.

2. Heard Mr. Mohd. Safdar, the learned counsel holding brief of Mr. Mohd. Matloob, the learned counsel for the petitioners, Mr. T.C. Agarwal, the learned Deputy Advocate General for the State and Mr. Nawab Ahmad, the learned counsel for the respondent no.3.

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 Ranipur, District Haridwar, the respondent no.2/ 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 respondents have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.346 of 2022 is disposed of with a direction to the Station House Officer, Police Station Ranipur, District Haridwar, the respondent no.2/ 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: 04th March, 2022 Neha