WPCRL/472/2022
2022 Latest Caselaw 812 UK

        IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                           21st MARCH, 2022
      CRIMINAL WRIT PETITION NO.472 of 2022
Between:

Annu Kumar and Akshay                                ...Petitioners.

and

State of Uttarakhand and Others                  ...Respondents.


Counsel for the Petitioners :        Mr. Mohd.       Safdar,   learned
                                     counsel.


Counsel for the State/         :     Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.               Deputy Advocate General for
                                     the State.


Counsel for the Respondent           Mr. V.K. Kaparwan, learned
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.159 of 2022, registered with Police Station Jhabrera, District Haridwar for the offence under Sections 336, 504 and 506 of the IPC.

2. Heard Mr. Mohd. Safdar, the learned counsel for the petitioners, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. V.K. Kaparwan, the learned counsel for the respondent no.3.

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 have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.472 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jhabrera, 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/