WPCRL/833/2022
2022 Latest Caselaw 1412 UK

Citation : 2022 Latest Caselaw 1412 UK
Judgement Date : 6 May, 2022

Uttarakhand High Court

WPCRL/833/2022 on 6 May, 2022

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


                         6TH MAY, 2022


      CRIMINAL WRIT PETITION NO.833 of 2022


Between:

Smt. Laxmi Tiwari and four Others                 ...Petitioners

and

State of Uttarakhand and Others.                ...Respondents.


Counsel for the Petitioners :       Mr. Rajat     Mittal,   learned
                                    counsel.

Counsel for the State/         :    Mr.    Pratiroop    Pandey,
Respondent nos. 1 & 2               learned AGA 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.22 of 2022, registered with Police Station Purola, District Uttarkashi, for the offence under Sections 406 and 420 of IPC.

2. Heard Mr. Rajat Mittal, learned counsel for the petitioners and Mr. Pratiroop Pandey, learned AGA 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 Purola, District Uttarkashi, 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.833 of 2022 is disposed of with a direction to the Station House Officer, Police Station Purola, District Uttarkashi, 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: 06.05.2022 Pant/