WPCRL/968/2022
2022 Latest Caselaw 1579 UK

Citation : 2022 Latest Caselaw 1579 UK
Judgement Date : 21 May, 2022

Uttarakhand High Court

WPCRL/968/2022 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.968 of 2022


Between:

Anis Khan Alias Chote.                      ...Petitioner.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioner :    Mr. Ankit    Shah,    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.176 of 2022, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 323, 504, 506 of IPC and Section 3(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard Mr. Ankit Shah, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Sitarganj, 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 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.968 of 2022 is disposed of with a direction to the Station House Officer, Police Station Sitarganj, 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: 21.05.2022 Neha