WPCRL/495/2022
2022 Latest Caselaw 931 UK

Citation : 2022 Latest Caselaw 931 UK
Judgement Date : 24 March, 2022

Uttarakhand High Court

WPCRL/495/2022 on 24 March, 2022

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


                       24th MARCH, 2022


      CRIMINAL WRIT PETITION NO.495 of 2022


Between:

Vijay Khadayat                                ...Petitioner

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner :     Mr. D.S.    Mehta,   learned
                                 counsel.

Counsel for the State/       :   Mr. Rohit Dhyani, learned
Respondent nos. 1 & 2            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.267 of 2021, registered with Police Station Kotwali, Pithoragarh, District Pithoragarh for the offence under Section 420 of IPC.

2. Heard Mr. D.S. Mehta, learned counsel for the petitioner and Mr. Rohit Dhyani, learned Brief Holder for the State.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kotwali, Pithoragarh, District Pithoragarh, the respondent no.2,

and the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the petitioner.

4. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.495 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali, Pithoragarh, District Pithoragarh, the respondent no.2 and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 24.03.2022 Pant/