WPCRL/439/2022
2022 Latest Caselaw 774 UK

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


                      15TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.439 of 2022


Between:

Purushottam and Others.                    ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Bhuwan Bhatt, learned
                               counsel.


Counsel for the State/    :    Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               assisted by Mr. Dinesh
                               Chauhan,     learned  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.0127 of 2022, registered with Police Station Ranipur, District Haridwar for the offence under Sections 147, 323, 452 and 504 of IPC.

2. Heard Mr. Bhuwan Bhatt, the learned counsel for the petitioners and Mr. Mr. S.S. Adhikari, the learned

Deputy Advocate General assisted by Mr. Dinesh Chauhan, 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 Ranipur, 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.439 of 2022 is disposed of with a direction to the Station House Officer, Police Station Ranipur, 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.

6. Let a certified copy of this order be supplied to the learned counsel for the parties within 24 hrs on payment of usual charges.

__________________ ALOK KUMAR VERMA, J.

Dt: 15th March, 2022 Neha