Uttarakhand High Court
Subhash Kumar vs State Of Uttarakhand And Others on 4 August, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No.932 of 2015
Subhash Kumar .......Petitioner
Versus
State of Uttarakhand and others ... Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. T.A. Khan, Senior Advocate assisted by Mr. A.K. Arya, Advocate present for the petitioner and Mr. P.S. Saun, Dy. Advocate General assisted by Mr. G.S. Negi, Brief Holder present for the State of Uttarakhand.
A First Information Report has been lodged by the respondent No.3 which has been registered as Case Crime No.303 of 2015 under Sections 420/467/468/471/120B of IPC, at Police Station Jwalapur, District Haridwar implicating the present petitioner.
Considering the nature of offences and since the maximum punishment in the above offences is less than seven years, a limited interference is called for in the matter.
In view thereof, the writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law and if the arrest of the petitioner is required, the same shall be done under the procedure framed under Section 41 Cr.P.C. read with the direction given by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273.
(Sudhanshu Dhulia, J.)
JKJ 04.08.2015