WPCRL/972/2022
2022 Latest Caselaw 1573 UK

Citation : 2022 Latest Caselaw 1573 UK
Judgement Date : 21 May, 2022

Uttarakhand High Court

WPCRL/972/2022 on 21 May, 2022

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


                      21ST MAY, 2022


      CRIMINAL WRIT PETITION NO.972 of 2022


Between:

Mahesh Upadhyay and Others.                 ...Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners :   Mr. Anil Anthwal, learned
                                counsel with Mr. Vivek
                                Kumar, learned counsel.

Counsel for the State/     :    Mr.    Pratiroop    Pandey,
Respondent nos. 1 to 3.         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.1 of 2022, registered with Revenue Police Station Bhikyashain, District Almora for the offence under Section 3 of the Prevention of Damage to Public Property Act, 1984, Section 26 of the Indian Forest Act, 1927 and Section 379 of IPC.

2. Heard Mr. Anil Anthwal, the learned counsel with Mr. Vivek Kumar, 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 Naib Tehsildar, Revenue Police Station Bhikyashain, District Almora, 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 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.972 of 2022 is disposed of with a direction to the Naib Tehsildar, Revenue Police Station Bhikyashain, District Almora, 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: 21.05.2022 Neha