WPCRL/1012/2022
2022 Latest Caselaw 1645 UK

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


                        26TH MAY, 2022


      CRIMINAL WRIT PETITION NO.1012 of 2022


Between:

Rupendra.                                 ...Petitioner.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioner :    Mr. Sanjay Kumar, 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.0275 of 2022, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Section 420 of IPC.

2. Heard Mr. Sanjay Kumar, 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 Station House Officer, Police Station Kashipur, District Udham Singh Nagar 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.1012 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kashipur, District Udham Singh Nagar 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 Neha