WPCRL/433/2022
2022 Latest Caselaw 764 UK

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


                     14TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.433 of 2022


Between:

Gaurav Kumar and Another.                   ...Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners:   Mr. B.M.    Pingal,   learned
                               counsel.


Counsel for the State/    :    Mr. T.C. Agarwal, learned
Respondent nos. 1 & 2.         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.0067 of 2022, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 147, 148, 149, 308,323 and 325 of IPC.

2. Heard Mr. B.M. Pingal, the learned counsel for the petitioners and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

3. During the arguments, the learned counsel for the petitioners submitted that the punishment of the said offences are not more than seven years and this writ petition may be disposed of with a direction to the Station House Officer of Police Station Kotwali Kotdwar, District Pauri Garhwal / the Investigating Officer of this matter 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 State 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.433 of 2022 is disposed of with a direction to the Station House Officer of Police Station Kotwali Kotdwar, District Pauri Garhwal / the Investigating Officer of this matter to follow the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and Another.

__________________ ALOK KUMAR VERMA, J.

Dt: 14th March, 2022 Neha