WPCRL/374/2022
2022 Latest Caselaw 583 UK

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


                      05TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.374 of 2022


Between:

Jeevan Chandra.                                       ...Petitioner.

and

State of Uttarakhand and Others.                    ...Respondents.


Counsel for the Petitioner:       Mr. Aditya Singh, learned
                                  counsel.


Counsel for the State/        :   Mr. Kuldeep Singh Rawal,
Respondent nos. 1 & 2.            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.0027 of 2022, registered with Police Station Kathgodam, District Nainital for the offence under Sections 420 and 427 of IPC.

2. Heard Mr. Aditya Singh, the learned counsel for the petitioner and Mr. Kuldeep Singh Rawal, the learned

A.G.A. assisted by Mr. Dinesh Chauhan, the learned Brief Holder for the State.

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 Kotwali Kathgodam, District Nainital, 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 has no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.374 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Kathgodam, District Nainital, 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 Neha