WPCRL/933/2022
2022 Latest Caselaw 1541 UK

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


                        19TH MAY, 2022


       CRIMINAL WRIT PETITION NO.933 of 2022


Between:

1.   Arun
2.   Dinesh
3.   Shivam Kumar
4.   Krishan Pal alias Krishu                         ...Petitioners.

and

State of Uttarakhand and Others.                  ...Respondents.


Counsel for the Petitioners :          Mr. Vivek Shukla, learned
                                       counsel.

Counsel for the State/          :      Mr.    Pratiroop    Pandey,
Respondents.                           learned A.G.A. assisted by
                                       Mrs.   Shivangi   Gangwar,
                                       learned 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.72 of 2022, registered with Police Station Khanpur, District Haridwar for the offence under Section 60 of the Excise Act, 1910 (as applicable in the State of Uttarakhand), Sections 225 & 353 of I.P.C.

2. Heard Mr. Vivek Shukla, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned

A.G.A. assisted by Mrs. Shivangi Gangwar, the learned Brief Holder 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 Khanpur, District Haridwar, the respondent no.3, 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.933 of 2022 is disposed of with a direction to the Station House Officer, Police Station Khanpur, District Haridwar, the respondent no.3 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