WPCRL/1994/2021
2022 Latest Caselaw 961 UK

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


                     28TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.1994 of 2021


Between:

1.Sardar Harjinder Pal Singh Banga.
2.Kunwar Javed Rao
                                           ...Petitioners.
and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Rajeev Pathak, learned
                               counsel.

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

Counsel for the :              Mr. Arvind Vashisth, learned
Respondent no. 3.              Senior Advocate assisted by
                               Mr. Xitiz Kaushik, 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.0216 of 2021, registered with Police Station Rajpur, District Dehradun for the offence under Sections 420, 120B & 506 of IPC.

2. Heard Mr. Rajeev Pathak, the learned counsel for the petitioners, Mr. V.S. Rathore, the learned A.G.A. for the State/respondent nos. 1 & 2 and Mr. Arvind Vashisth, the learned Senior Advocate assisted by Mr.

Xitiz Kaushik, the learned counsel for the respondent no.3.

3. During the arguments, the learned counsel appearing for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Rajpur, District Dehradun, 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 petitioners.

4. The learned Senior Advocate appearing for the respondent no.3 and the learned counsel for the State 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.1994 of 2021 is disposed of with a direction to the Station House Officer, Police Station Rajpur, District Dehradun, 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: 28.03.2022 JKJ/Neha