WPCRL/1009/2022
2022 Latest Caselaw 1643 UK

Citation : 2022 Latest Caselaw 1643 UK
Judgement Date : 26 May, 2022

Uttarakhand High Court

WPCRL/1009/2022 on 26 May, 2022

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


                       26TH MAY, 2022


      CRIMINAL WRIT PETITION NO.1009 of 2022


Between:

Shashikant Katariya and Another                  ...Petitioners.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioners :      Mr. Gaurav Singh, learned
                                   counsel.

Counsel for the State/       :     Mr. V.S. Rathore, learned
Respondent no. 1 & 2.              AGA 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.339 of 2022, registered with Police Station Laksar, District Haridwar for the offence under Sections 147, 148, 149, 325, 323, 452 & 506 of IPC.

2. Heard Mr. Gaurav Singh, the learned counsel for the petitioners and Mr. V.S. Rathore, the learned AGA 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, 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.1009 of 2022 is disposed of with a direction to the Station House Officer, Police Station Laksar, District Haridwar, 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: 26.05.2022 Ravi