WPCRL/409/2022
2022 Latest Caselaw 714 UK

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


                     10TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.409 of 2022


Between:

Sagar Chatri and Another.                  ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr.    Abhishek     Verma,
                               learned counsel.


Counsel for the State/    :    Mr. V.K. Gemini, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               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.0067 of 2022, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 147, 148, 323, 325 and 308 of IPC.

2. Heard Mr. Abhishek Verma, the learned counsel for the petitioners and Mr. V.K. Gemini, the learned Deputy Advocate General for the State.

3. During the arguments, the learned counsel for the petitioners submitted that the punishment of the said offences are not more than seven years and this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kotwali Kotdwar, District Pauri Garhwal, 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.409 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Kotdwar, District Pauri Garhwal, 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: 10th March, 2022 Neha