WPCRL/1032/2022
2022 Latest Caselaw 1655 UK

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


                       27TH MAY, 2022


      CRIMINAL WRIT PETITION NO.1032 of 2022


Between:

Alok Ray                                         ...Petitioner.

and

State of Uttarakhand and Others.             ...Respondents.


Counsel for the Petitioner :    Mr. Bhuwan Bhatt, learned
                                counsel holding brief of Mr.
                                Rajat    Mittal,     learned
                                counsel.

Counsel for the State/      :   Mr. S.S. Adhikari, learned
Respondent no. 1 & 2.           Deputy Advocate General.

Counsel for the Respondent
No.3.                   :       Mr. Navin Singh         Bisht,
                                learned 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.86 of 2022, registered with Police Station Pantnagar, District Udham Singh Nagar for the offence under Sections 323, 498-A, 506 of IPC, and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Bhuwan Bhatt, the learned counsel holding brief of Mr. Rajat Mittal, the learned for the petitioner, Mr. S.S. Adhikari, the learned Deputy

Advocate General for the State and Mr. Navin Singh Bisht, the learned counsel for the respondent no.3.

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 Pantnagar, District Udham Singh Nagar, 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 petitioner.

4. The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.1032 of 2022 is disposed of with a direction to the Station House Officer, Police Station Pantnagar, District Udham Singh Nagar, 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: 27.05.2022 Ravi