WPCRL/502/2022
2022 Latest Caselaw 937 UK

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


                     25TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.502 of 2022


Between:

Jitendra and Others.                       ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Gaurav Singh, learned
                               counsel.


Counsel for the State/    :    Mr. V.S. Rathour, learned
Respondent nos. 1 & 2.         A.G.A. for the State.


Counsel for the           :    Mr. Shashi Kant Shandilya,
Respondent No.3.               learned 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.0173 of 2022, registered with Police Station Ranipur, District Haridwar for the offence under Sections 420, 504 and 506 of IPC.

2. Heard Mr. Gaurav Singh, the learned counsel for the petitioners, Mr. V.S. Rathour, the learned A.G.A for the State and Mr. Shashi Kant Shandilya, the learned counsel for the respondent no.3.

3. The learned counsel for the petitioners submitted that the petitioner no.2, Jaan Mohd. Ansari is the owner of Shubham Properties, Shop No.2, Shopping Complex, Shivalik Nagar, Ranipur, District Haridwar.

4. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the Station House Officer, Police Station Ranipur, District Haridwar, the respondent no.2 and the Investigating Officer of this matter 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.

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

6. In view of the above, this Criminal Writ Petition No.502 of 2022 is disposed of with a direction to the Station House Officer, Police Station Ranipur, District Haridwar, the respondent no.2 and the Investigating Officer of this matter 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: 25th March, 2022 Neha