WPCRL/989/2022
2022 Latest Caselaw 1608 UK

Citation : 2022 Latest Caselaw 1608 UK
Judgement Date : 24 May, 2022

Uttarakhand High Court

WPCRL/989/2022 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.989 of 2022


Between:

Suhrid Sudarshan Sah and Another.          ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners : Mr.      Amanjot      Singh
                              Chaddha, learned counsel
                              holding brief of Mr. Aditya
                              Singh, learned counsel.

Counsel for the State/     :   Mr. V.S. Rathour, learned
Respondent nos. 1 & 2.         A.G.A. for the State.


Counsel for the      :         Mr. Sharad Tandon, learned
Respondent no. 3.              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.0029 of 2022, registered with Police Station Tallital, District Nainital for the offence under Sections 420 and 506 of IPC.

2. Heard Mr. Amanjot Singh Chaddha, the learned counsel holding brief of Mr. Aditya Singh, the learned counsel for the petitioners, Mr. V.S. Rathour, the learned

A.G.A. for the State and Mr. Sharad Tandon, 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 Tallital, District Nainital/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 respondents 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.989 of 2022 is disposed of with a direction to the Station House Officer, Police Station Tallital, District Nainital/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