WPCRL/422/2022
2022 Latest Caselaw 737 UK

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


                      11TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.422 of 2022


Between:

Navanit Mandriyal Alias Naveen.            ...Petitioner.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioner:   Mr. Ankurit Raj       David,
                              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.67 of 2022, registered with Police Station Kotdwar, District Pauri Garhwal for the offence under Sections 147, 148 and 323 of IPC.

2. Heard Mr. Ankurit Raj David, the learned counsel for the petitioner and Mr. Rohit Dhyani, 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 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 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.422 of 2022 is disposed of with a direction to the Station House Officer, Police Station 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: 11th March, 2022 Neha