WPCRL/939/2022
2022 Latest Caselaw 1540 UK

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


                       19TH MAY, 2022


       CRIMINAL WRIT PETITION NO.939 of 2022


Between:

1.   Kapil Rahi
2.   Smt. Maya Devi
3.   Anil Kumar Rahi
4.   Smt. Dimple
5.   Ankur Narang                            ...Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners :   Mr. P.C. Petshali with Mr.
                                Naveen Singh Bisht, learned
                                counsel.

Counsel for the State/      :   Mr.    Pratiroop    Pandey,
Respondent Nos. 1 & 2           learned A.G.A. assisted by
                                Mrs.   Shivangi   Gangwar,
                                learned Brief Holder for the
                                State.

Counsel for Respondent     :    Mr.   Himanshu    Rathore,
No.3                            learned   counsel  holding
                                brief of Mr. M.K. Ray,
                                learned counsel.

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.13 of 2022, registered with Police Station Mallital, District Nainital for the offence under Sections 498A, 323, 506 of IPC and Section 3/4 of the Dowry Prohibition Act,1961.

2. Heard Mr. P.C. Petshali with Mr. Naveen Singh Bisht, the learned counsel for the petitioners, Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mrs. Shivangi Gangwar, the learned Brief Holder for the State and Mr. Himanshu Rathore, the learned counsel holding brief of Mr. M.K. Ray, the learned counsel for the respondent no.3.

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 Mallital, District Nainital, 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 and the learned counsel for the respondent no.3 have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.939 of 2022 is disposed of with a direction to the Station House Officer, Police Station Mallital, District Nainital, 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: 19.05.2022 JKJ/Neha