WPCRL/887/2022
2022 Latest Caselaw 1477 UK

Citation : 2022 Latest Caselaw 1477 UK
Judgement Date : 12 May, 2022

Uttarakhand High Court

WPCRL/887/2022 on 12 May, 2022

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


                      12TH MAY, 2022


      CRIMINAL WRIT PETITION NO.887 of 2022


Between:

Mohsin Alias Moni and Another.             ...Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners :   Mr.    Ghanshyam        Joshi,
                                learned counsel.

Counsel for the State/      :   Mr.    Pratiroop       Pandey,
Respondent nos. 1 & 2.          learned A.G.A.        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.122 of 2022, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Sections 323 and 506 of IPC.

2. Heard Mr. Ghanshyam Joshi, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. 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 Jaspur,

District Udham Singh Nagar/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.887 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jaspur, District Udham Singh Nagar /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: 12.05.2022 Neha