WPCRL/783/2022
2022 Latest Caselaw 1459 UK

Citation : 2022 Latest Caselaw 1459 UK
Judgement Date : 11 May, 2022

Uttarakhand High Court

WPCRL/783/2022 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.783 of 2022


Between:

Sohail Ahmad and Others.                        ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners:     Mr. Mehboob Rahi, learned
                                 counsel.

Counsel for the State/       :   Mr.   Atul   Kumar     Shah,
Respondent nos. 1 & 2.           learned Deputy Advocate
                                 General 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.327 of 2022, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 147, 148, 149, 323, 336, 153A and 295A of I.P.C.

2. Heard Mr. Mehboob Rahi, the learned counsel for the petitioners and Mr. Atul Kumar Shah, the learned Deputy Advocate General 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 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 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.783 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: 11.05.2022 Neha