WPCRL/524/2022
2022 Latest Caselaw 988 UK

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


                    29TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.524 of 2022


Between:

1.Sanket Kumar
2.Gagan Suri
3.Ravi Suri                            ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. B.S. Koranga, learned
                               counsel.

Counsel for the State/     :   Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               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.0164 of 2022, registered with Police Station Kotwali, District Dehradun for the offence under Sections 323, 325, 354, 504 & 506 of IPC.

2. Heard Mr. B.S. Koranga, the learned counsel for the petitioners and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.

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 Kotwali, 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 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.524 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali, 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: 29.03.2022 JKJ/Neha