9 September vs State Of Uttarakhand
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Uttarakhand High Court

9 September vs State Of Uttarakhand on 9 September, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                 2024:UHC:6581


      HIGH COURT OF UTTARAKHAND AT
                NAINITAL
      Writ Petition Criminal No. 1010 of 2024

                   09 September, 2024


Shoukat                                     --Petitioner
                          Versus

State Of Uttarakhand
2: Station House Officer
3: Constable 95 Surendra                    --Respondents

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Presence:-
Mr. Gaurav Singh, learned counsel for the petitioner
Mr. Pratiroop Pandey and Mr. B.C. Joshi, learned AGA for the
State
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Mr. Rakesh Thapliyal, J. (Oral)

1. By the instant petition, the petitioner is praying for quashing of the FIR, bearing FIR No. 0786 of 2023, dated 16.12.2023 wherein the present petitioner has been implicated for the offences punishable under Sections 380, 457, 411, 465, 471 and 120B of IPC, P.S. Kotwali Roorkee, District Haridwar.

2. It is contended by the learned counsel for the petitioner that the offences punishable under Sections 380, 457, 411, 465, 471 and 120B of IPC are punishable with imprisonment of less than seven years, which has not been disputed by Mr. Pratiroop Pandey, learned AGA for the State.

3. In view of the submissions as advanced by the learned counsel for the parties and, with the consent of the learned counsel for the parties, the present writ

2024:UHC:6581 petition is disposed of in view of the judgment of the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. The Investigating Officer is directed to proceed with the investigation by following the procedure as prescribed under Section 35 of BNSS, 2023.

___________________________ Rakesh Thapliyal, J.

Dt: 9th September, 2024 Mahinder/