WPCRL/2339/2021
2022 Latest Caselaw 581 UK

Citation : 2022 Latest Caselaw 581 UK
Judgement Date : 5 March, 2022

Uttarakhand High Court

WPCRL/2339/2021 on 5 March, 2022

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


                    05TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.2339 of 2021


Between:

Banshidhar Sharma                            ...Petitioner.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioner :   Mr. Saurabh Pandey.


Counsel for the State/     :   Mr.     Ranjan      Ghildiyal,
Respondent nos. 1 & 2.         learned A.G.A. 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.0091 of 2021, registered with Police Station Kotwali, Bageshwar, District Bageshwar for the offence under Section 420 IPC.

2. Heard Mr. Saurabh Pandey, the learned counsel for the petitioner and Mr. Ranjan Ghildiyal, the learned A.G.A. for the State.

3. Urgency Application (IA No.5 of 2022) is allowed.

4. 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 Kotwali, Bageshwar, District Bageshwar, the respondent no.2, and the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the petitioner.

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

6. In view of the above, this Criminal Writ Petition No.2339 of 2021 is disposed of with a direction to the Station House Officer, Police Station Kotwali, Bageshwar, District Bagesgwar, the respondent no.2 and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 05.03.2022 JKJ/Neha