WPCRL/1328/2021
2022 Latest Caselaw 735 UK

        IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                      11TH MARCH, 2022
      CRIMINAL WRIT PETITION NO.1328 of 2021
Between:

Harsh Tomar                                   ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


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


Counsel for the State :          Mr. T.C. Agarwal, learned
                                 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.269 of 2021, registered with Police Station Kotwali Roorkee, District Haridwar for the offence under Sections 406, 420, 504 and 506 of IPC.

2. Heard Mr. Rajveer Singh, the learned counsel appearing for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General appearing 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 Roorkee, District Haridwar, 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 State 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.1328 of 2021 is disposed of with a direction to the Station House Officer, Police Station Kotwali Roorkee, District Haridwar, 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: 11th March, 2022 Pant/