WPCRL/821/2022
2022 Latest Caselaw 1384 UK

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


                       05TH MAY, 2022


       CRIMINAL WRIT PETITION NO.821 of 2022


Between:

Smt. Sonali Suman and Others                        ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners :      Mr. Pooran Singh Rawat,
                                   learned counsel.

Counsel for the State/        :    Mr.    Pratiroop      Pandey,
Respondent no. 1 & 2.              learned AGA.


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.55 of 2022, registered with Police Station Transit Camp, District Udham Singh Nagar.

2. Heard Mr. Pooran Singh Rawat, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned AGA for the State.

3. The learned counsel for the State submitted that instructions have been received from the Investigating Officer and according to the received instructions, the petitioners, namely Smt. Sonali Suman, Smt. Shivani Suman, Nihal Suman and Vikrant alias Dev

Suman, are wanted for the offence under Sections 147, 148, 323, 504 and 506 of IPC.

4. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Transit Camp, District Udham Singh Nagar, 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.

5. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioners.

6. In view of the above, this Criminal Writ Petition No.821 of 2022 is disposed of with a direction to the Station House Officer, Police Station Transit Camp, District Udham Singh Nagar, 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: 05.05.2022 Ravi