WPCRL/483/2022
2022 Latest Caselaw 894 UK

         IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
         THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                      23rd MARCH, 2022
      CRIMINAL WRIT PETITION NO.483 of 2022
Between:

Amit Kumar Kandwal and three Others          ...Petitioners

and

State of Uttarakhand and Others            ...Respondents.


Counsel for the Petitioners :   Mr. D.C.S.   Rawat,   learned
                                counsel.


Counsel for the State/     :    Mr. V.S. Rathore, learned AGA
Respondent nos. 1 & 2.          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.76 of 2022, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 498A, 323, 506 and 354 of the IPC.

2. Heard Mr. D.C.S. Rawat, the learned counsel for the petitioners and Mr. V.S. Rathore, the learned AGA 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 Kotwali Kotdwar, District Pauri Garhwal/ the Investigating Officer, the respondent no.2, 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.483 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Kotdwar, District Pauri Garhwal/ the Investigating Officer, the respondent no.2, 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 provided to the learned counsel for the petitioners, today itself, on the payment of usual charges.

__________________ ALOK KUMAR VERMA, J.

Dt: 23rd March, 2022 Pant/