WPCRL/873/2022
2022 Latest Caselaw 1463 UK

Citation : 2022 Latest Caselaw 1463 UK
Judgement Date : 11 May, 2022

Uttarakhand High Court

WPCRL/873/2022 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.873 of 2022


Between:

Gurdev Singh.                                  ...Petitioner.

and

State of Uttarakhand through Senior Superintendent of
Police and Others.                      ...Respondents.


Counsel for the Petitioner :    Mr. Mani   Kumar, learned
                                counsel.

Counsel for the State/      :   Mr. Siddharth Bisht, learned
Respondent no. 1 & 2.           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.80 of 2022, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 420 & 506 of IPC.

2. Heard Mr. Mani Kumar, the learned counsel for the petitioner and Mr. Siddharth Bisht, the learned Brief Holder 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 Rudrapur,

District Udham Singh Nagar, 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.873 of 2022 is disposed of with a direction to the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, 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