WPCRL/990/2022
2022 Latest Caselaw 1607 UK

Citation : 2022 Latest Caselaw 1607 UK
Judgement Date : 24 May, 2022

Uttarakhand High Court

WPCRL/990/2022 on 24 May, 2022

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


                      24TH MAY, 2022


      CRIMINAL WRIT PETITION NO.990 of 2022


Between:

Rakesh Kumar and Others.                   ...Petitioners.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioners :   Mr.     Shariq    Khurshid,
                                learned   counsel   holding
                                brief of Mr. Gaurav Singh,
                                learned counsel.

Counsel for the State/     :    Mr. V.S. Rathour, learned
Respondent nos. 1 & 2.          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.378 of 2022, registered with Police Station Laksar, District Haridwar for the offence under Sections 323, 324, 325, 354, 504 and 506 of IPC.

2. Heard Mr. Shariq Khurshid, the learned counsel holding brief of Mr. Gaurav Singh, the learned counsel for the petitioners and Mr. V.S. Rathour, 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 Station House Officer, Police Station Laksar, District Haridwar/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.990 of 2022 is disposed of with a direction to the Station House Officer, Police Station Laksar, District Haridwar /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: 24.05.2022 Neha