WPCRL/816/2022
2022 Latest Caselaw 1398 UK

Citation : 2022 Latest Caselaw 1398 UK
Judgement Date : 5 May, 2022

Uttarakhand High Court

WPCRL/816/2022 on 5 May, 2022

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


                      05TH MAY, 2022


      CRIMINAL WRIT PETITION NO.816 of 2022


Between:

Manoj Kumar                                   ...Petitioner.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioner :   Mr. Ravi    Bisht,   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.163 of 2022, registered with Police Station Bazpur, District Udham Singh Nagar for the offence under Sections 323, 452, 504 and 506 of IPC.

2. Heard Mr. Ravi Bisht, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned AGA for the State.

3. The learned counsel for the State submitted that a notice under Section 41-A of the Code of Criminal Procedure has been issued by the Investigating Officer to the petitioner-accused.

4. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Bazpur, 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 petitioner.

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

6. In view of the above, this Criminal Writ Petition No.816 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bazpur, 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