WPCRL/358/2022
2022 Latest Caselaw 559 UK

       IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                      05TH MARCH, 2022
      CRIMINAL WRIT PETITION NO.358 of 2022
Between:

Satish Kumar                                 ...Petitioner.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioner :    Mr. T. A. Khan, learned Senior
                                Advocate assisted by Ms.
                                Sadaf.

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


Counsel for the       :         Mr. Mani    Kumar,    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.0040 of 2022, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Sections 323, 420, 504 and 506 of IPC.

2. Heard Mr. T.A. Khan, the learned Senior Advocate assisted by Ms. Sadaf, the learned counsel for the petitioner, Mr. T.C. Agarwal, the learned Deputy Advocate General with Mr. Rohit Dhyani, the learned Brief Holder for the State and Mr. Mani Kumar, the learned counsel for the respondent no.3.

3. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Jaspur, 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 petitioner.

4. The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.358 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jaspur, 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.

__________________ ALOK KUMAR VERMA, J.

Dt: 05th March, 2022 Pant/