WPCRL/513/2022
2022 Latest Caselaw 959 UK

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


                     28TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.513 of 2022


Between:

Parth Sharma and Others.                   ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr.    Abhishek     Verma,
                               learned counsel.


Counsel for the State/    :    Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               assisted by Mr. Balvinder
                               Singh, learned 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.0016 of 2022, registered with Police Station Prem Nagar, District Dehradun for the offence under Sections 498A, 323, 504 and 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Abhishek Verma, the learned counsel for the petitioners and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balvinder Singh, the learned Brief Holder 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 Station House Officer, Police Station Prem Nagar, District Dehradun, 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.

4. The learned counsel for the respondents 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.513 of 2022 is disposed of with a direction to the Station House Officer, Police Station Prem Nagar, District Dehradun, 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: 28th March, 2022 Neha