WPCRL/1011/2022
2022 Latest Caselaw 1646 UK

Citation : 2022 Latest Caselaw 1646 UK
Judgement Date : 26 May, 2022

Uttarakhand High Court

WPCRL/1011/2022 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.1011 of 2022


Between:

Vikrant Chaurasiya.                           ...Petitioner.

and

State of Uttarakhand and Others.             ...Respondents.


Counsel for the Petitioner :     Mr. Rajat    Mittal,   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.66 of 2022, registered with Police Station Clementown, District Dehradun for the offence under Sections 406 and 420 of IPC.

2. Heard Mr. Rajat Mittal, 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 Clementown, District Dehradun/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.1011 of 2022 is disposed of with a direction to the Station House Officer, Police Station Clementown, District Dehradun /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 Neha