WPCRL/1040/2022
2022 Latest Caselaw 1670 UK

Citation : 2022 Latest Caselaw 1670 UK
Judgement Date : 27 May, 2022

Uttarakhand High Court

WPCRL/1040/2022 on 27 May, 2022

      IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

                     27TH MAY, 2022

      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


      CRIMINAL WRIT PETITION NO.1040 of 2022



Between:

Tarik Ali alias Dabbu and three Others      ...Petitioners

and

State of Uttarakhand and Another.        ...Respondents.


Counsel for the Petitioners :   Mr. Ravi Bisht, learned
                                counsel holding brief of Mr.
                                Aditya Pratap Singh, learned
                                counsel.

Counsel for the State/     :    Mr. V.S. Rathore, learned
Respondent nos. 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.210 of 2022, registered with Police Station Kichha, District Udham Singh Nagar, for the offence under Sections 147, 323, 354 C, 452, 504 and 506 of IPC.

2. Heard Mr. Ravi Bisht, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for the petitioners and Mr. V.S. Rathore, 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 Kichha, 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 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.1040 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kichha, 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 Pant/