WPCRL/427/2022
2022 Latest Caselaw 736 UK

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


                     11TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.427 of 2022


Between:

Suresh Chandra Mathur and Another.           ...Petitioners.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioners:   Mr.    Ashutosh         Thakral,
                               learned counsel.


Counsel for the State/     :   Mr. Rohit Dhyani, learned
Respondent nos. 1 & 2.         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.156 of 2022, registered with Police Station Patel Nagar, District Dehradun for the offence under Sections 147, 323, 504 and 506 of IPC.

2. Heard Mr. Ashutosh Thakral, the learned counsel for the petitioners and Mr. Rohit Dhyani, the learned Brief Holder for the State.

3. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Patel Nagar, District Dehradun, 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.427 of 2022 is disposed of with a direction to the Station House Officer, Police Station Patel Nagar, District Dehradun, 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 Neha