WPCRL/354/2022
2022 Latest Caselaw 528 UK

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

                     04TH MARCH, 2022

      CRIMINAL WRIT PETITION NO.354 of 2022


Between:

Smt. Champa Devi and two Others.           ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. S.K. Mandal, learned
                               counsel.


Counsel for the State/  :      Mr.    Pratiroop    Pandey,
Respondent nos. 1 to 3.        learned A.G.A. assisted by
                               Mr.    Dinesh     Chauhan,
                               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.28 of 2022, registered with Police Station Kaladhungi, District Nainital.

2. Heard Mr. S.K. Mandal, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mr. Dinesh Chauhan, the learned Brief Holder for the State.

3. Mr. Pratiroop Pandey, the learned A.G.A. for the State submitted that an instruction has been received from the Investigating Officer and according to the said instruction, Smt. Champa Devi, the petitioner no.-1 and Kumari Jyoti, the petitioner no.2, are wanted in the offence under Sections 384 and 504 of IPC. The learned counsel for the State further submitted that Mr. Dinesh Chandra Bhatt, the petitioner no.3, is wanted in the offence under Sections 384 and 354 A of 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 Kaladhungi, District Nainital, 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.

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

6. In view of the above, this Criminal Writ Petition No.354 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kaladhungi, District Nainital, 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.

7. Let a certified copy of this order be supplied to

the learned counsel for the parties, today itself, on the

payment of usual charges.

__________________ ALOK KUMAR VERMA, J.

Dt: 04th March, 2022 Neha