WPCRL/856/2022
2022 Latest Caselaw 1437 UK

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


                       09TH MAY, 2022


      CRIMINAL WRIT PETITION NO.856 of 2022


Between:

Amit Kothiyal                                    ...Petitioner.

and

State of Uttarakhand and Others.             ...Respondents.


Counsel for the Petitioner :     Mr. Nalin    Saun,   learned
                                 counsel.

Counsel for the State/  :        Mr.    Pratiroop     Pandey,
Respondent no. 1 and 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.207 of 2022, registered with Police Station Kotwali, District Dehradun for the offence under Sections 420, 406 and 506 of IPC.

2. Heard Mr. Nalin Saun, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned AGA for the State.

3. During the arguments, the learned counsel appearing for the petitioner 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 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.856 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: 09.05.2022 Ravi