WPCRL/418/2022
2022 Latest Caselaw 738 UK

Citation : 2022 Latest Caselaw 738 UK
Judgement Date : 11 March, 2022

Uttarakhand High Court

WPCRL/418/2022 on 11 March, 2022

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


                     11TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.418 of 2022


Between:

Mohd. Israr and Others.                    ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Bilal Ahmed, 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.147 of 2022, registered with Police Station Jhabrera, District Haridwar for the offence under Sections 323, 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Bilal Ahmed, 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 Jhabrera, 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 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.418 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jhabrera, 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 Neha