WPCRL/40/2022
2022 Latest Caselaw 743 UK

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


                     14TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.40 of 2022


Between:

Manoj Singh Bisht.                            ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner:       Mohd. Aazmeen Sheikh,
                                  learned   counsel   holding
                                  brief of Mr. Lalit Sharma,
                                  learned counsel.

Counsel for the State/    :       Mr. T.C. Agarwal, learned
Respondent nos. 1 & 2.            Deputy Advocate General
                                  for the State.


Counsel for the               :   Mr. B.S. Kathayat, learned
Respondent No.3                   counsel.

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.62 of 2021, registered with Police Station Bhimtal, District Nainital for the offence under Sections 420 and 427 of IPC.

2. Heard Mohd. Aazmeen Sheikh, the learned counsel holding brief of Mr. Lalit Sharma, the learned counsel for the petitioner, Mr. T.C. Agarwal, the learned

Deputy Advocate General for the State and Mr. B.S. Kathayat, the learned counsel for the respondent no.3.

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 Bhimtal, District Nainital, 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 have no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.40 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhimtal, District Nainital, 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: 14th March, 2022 Neha