WPCRL/471/2022
2022 Latest Caselaw 802 UK

Citation : 2022 Latest Caselaw 802 UK
Judgement Date : 21 March, 2022

Uttarakhand High Court

WPCRL/471/2022 on 21 March, 2022

       IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                         21st MARCH, 2022
      CRIMINAL WRIT PETITION NO.471 of 2022
Between:

Mikin Thapa and Smt. Dilmaya                  ...Petitioners.

and

State of Uttarakhand and Others             ...Respondents.


Counsel for the Petitioners :     Mr. Shankar Agarwal, learned
                                  counsel holding brief of Mr.
                                  Ramji Shrivastava, learned
                                  counsel.

Counsel for the State/       :    Mr. S.S. Adhikari, 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.180 of 2021, registered with Police Station Clementown, District Dehradun for the offence under Sections 323, 504, 354 and 498-A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Shankar Agarwal, the learned counsel holding brief of Mr. Ramji Shrivastava, the learned counsel for the petitioners and Mr. S.S. Adhikari, the learned Deputy Advocate General 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 Clementown, District Dehradun, 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 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.471 of 2022 is disposed of with a direction to the Station House Officer, Police Station Clementown, District Dehradun, 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: 21st March, 2022 Pant/