WPCRL/988/2022
2022 Latest Caselaw 1616 UK

Citation : 2022 Latest Caselaw 1616 UK
Judgement Date : 24 May, 2022

Uttarakhand High Court

WPCRL/988/2022 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.988 of 2022


Between:

Amit Kumar.                                    ...Petitioner.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioner :     Mr. Anant Dhaka, 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.0086 of 2022, registered with Police Station Gadarpur, District Udham Singh Nagar for the offence under Section 420 of IPC, Section 63 and Section 65 of the Copyright Act, 1957.

2. Heard Mr. Anant Dhaka, the learned counsel for the petitioner and Mr. V.S. Rathour, 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 Gadarpur, 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.988 of 2022 is disposed of with a direction to the Station House Officer, Police Station Gadarpur, 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: 24.05.2022 Neha