WPCRL/874/2022
2022 Latest Caselaw 1453 UK

Citation : 2022 Latest Caselaw 1453 UK
Judgement Date : 11 May, 2022

Uttarakhand High Court

WPCRL/874/2022 on 11 May, 2022

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


                      11TH MAY, 2022


      CRIMINAL WRIT PETITION NO.874 of 2022


Between:

Smt. Tara Devi & Others                             ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners :     Mr.      Girish        Chandra
                                  Lakhchaura,             learned
                                  counsel.

Counsel for the State/      :     Mr.    Siddhartha     Bisht,
Respondent no. 1 to 3.            learned Brief Holder 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.01 of 2022, registered with Revenue Police Station Salt, District Almora for the offence under Sections 504, 506 of IPC and Section 3(i)(x) and Section 3(i) (xiv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard Mr. Girish Chandra Lakhchaura, the learned counsel for the petitioners and Mr. Siddhartha Bisht, the learned Brief Holder 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, Revenue Police Station Salt, District Almora, 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.874 of 2022 is disposed of with a direction to the Station House Officer, Revenue Police Station Salt, District Almora, 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: 11.05.2022 Ravi