WPCRL/842/2022
2022 Latest Caselaw 1423 UK

Citation : 2022 Latest Caselaw 1423 UK
Judgement Date : 7 May, 2022

Uttarakhand High Court

WPCRL/842/2022 on 7 May, 2022

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


                        07TH MAY, 2022


       CRIMINAL WRIT PETITION NO.842 of 2022


Between:

Mohd. Faishal                                    ...Petitioner.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioner :     Mr. Mohd. Safdar, learned
                                 counsel.

Counsel for the State/       :   Mr. T.C. Agarwal, learned
Respondent no. 1 & 2.            Deputy Advocate General.


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.327 of 2022, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 147, 148, 149, 323, 336, 153-A and 295-A of IPC.

2. Heard Mr. Mohd. Safdar, the learned counsel for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

3. 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 Bhagwanpur, District

Haridwar, 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.

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

5. In view of the above, this Criminal Writ Petition No.842 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhagwanpur, District Haridwar, 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: 07.05.2022 Ravi