WPCRL/1038/2022
2022 Latest Caselaw 1658 UK

      IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

                     27TH MAY, 2022

      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


      CRIMINAL WRIT PETITION NO.1038 of 2022


Between:

Abhishek Gautam and two Others               ...Petitioners

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioners :   Mr. Alok Kumar, learned
                                counsel holding brief of Mr.
                                Sandeep Kothari, learned
                                counsel.

Counsel for the State/     :    Mr. V.S. Rathore, learned
Respondent nos. 1 & 2           AGA for the State.


Counsel for the Respondent
                                : Mr. Sanjay Kumar, learned
No.3
                                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.123 of 2022, registered with Police Station Jaspur, District Udham Singh Nagar, for the offence under Sections 323, 504, 506, 498A, 354 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Alok Kumar, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the

petitioners, Mr. V.S. Rathore, learned AGA for the State and Mr. Sanjay Kumar, learned counsel for the respondent no.3.

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 Jaspur, 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 petitioners.

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

5. In view of the above, this Criminal Writ Petition No.1038 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jaspur, 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: 27.05.2022 Pant/