Uttarakhand High Court
WPCRL/455/2022 on 16 March, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
16TH MARCH, 2022
CRIMINAL WRIT PETITION NO.455 of 2022
Between:
Sanjay Vashishta and Another ...Petitioners.
and
State of Uttarakhand and Others. ...Respondents.
Counsel for the Petitioners: Mr. Gaurav Singh, learned
counsel.
Counsel for the State/ : Mr. T.C. Agarwal, learned
Respondent nos. 1 & 2. Deputy Advocate General
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.0051 of 2021, registered with Police Station Kotwali Jwalapur, District Haridwar for the offence under Section 420 of IPC.
2. Heard Mr. Gaurav Singh, the learned counsel for the petitioners and Mr. T.C. Agarwal, the learned Deputy Advocate General 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 Kotwali 2 Jwalapur, District Haridwar, 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.455 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Jwalapur, District Haridwar, 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: 16.03.2022 JKJ/Neha