WPCRL/912/2022
2022 Latest Caselaw 1506 UK

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


                      17TH MAY, 2022


      CRIMINAL WRIT PETITION NO.912 of 2022


Between:

Laxmi Niwas Dabral                             ...Petitioner

and

State of Uttarakhand & Others              ...Respondents


Counsel for the Petitioner :   Mr. Ravi Bisht, learned
                               counsel    with  Mr.   Ravi
                               Babulkar, learned counsel.

Counsel for the State/     :   Mr.    Pratiroop    Pandey,
Respondent no. 1 & 2.          learned AGA 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.175 of 2022, registered with Police Station Raipur, District Dehradun for the offence under Sections 420 and 406 of IPC.

2. Heard Mr. Ravi Bisht, the learned counsel with Mr. Ravi Babulkar, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned AGA for the State.

3. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Raipur, 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.912 of 2022 is disposed of with a direction to the Station House Officer, Police Station Raipur, 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: 17.05.2022 Ravi