WPCRL/365/2022
2022 Latest Caselaw 558 UK

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


                     05TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.365 of 2022


Between:

Hardeep Singh and Others.                  ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr.    Yogesh    Upadhyay,
                               learned counsel.


Counsel for the State/     :   Mr. T.C. Agarwal, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               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.29 of 2022, registered with Police Station Kunda, District Udham Singh Nagar for the offence under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Yogesh Upadhyay, the learned counsel for the petitioners and Mr. T.C. Agarwal, the

learned Deputy Advocate General 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 Kunda, District Udham Singh Nagar, 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 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.365 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kunda, District Udham Singh Nagar, 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.

6. 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: 05th March, 2022 Neha