WPCRL/2114/2021 on 25 November, 2021

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Uttarakhand High Court

WPCRL/2114/2021 on 25 November, 2021

Bench: Alok Kumar Verma

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   25TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2114 OF 2021


Between:

Smt. Kavita.                              ...Petitioner.

and

State of Uttarakhand and others.         ...Respondents.


Counsel for the Petitioner:   Mr. Gaurav Singh, learned
                              counsel.


Counsel for the Respondent    Mr. S.S. Adhikari, learned
Nos.1 and 2:                  Deputy Advocate General
                              assisted by Mr. Balwinder
                              Singh, learned Brief Holder
                              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.0646 of 2021, registered with Police Station Kotwali Jwalapur, District Haridwar for the offence under Section 380 of IPC.

2. Heard Mr. Gaurav Singh, the learned counsel for the petitioner and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balwinder Singh, the learned Brief Holder for the State.

3. During the arguments, the learned counsel for the petitioner submitted that this petition may be disposed of with the direction to the concerned Station House Officer, Police Station Kotwali Jwalapur, District 2 Haridwar, the respondent no.2 / the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and another, before proceed to arrest the petitioner.

4. The learned counsel for the State has no objection on the above submissions of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.2114 of 2021 is disposed of with the direction to the Station House Officer, Police Station Kotwali Jwalapur, District Haridwar, the respondent no.2/ the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another.

__________________ ALOK KUMAR VERMA, J.

Dt: 25th November, 2021 Sukhbant

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Uttarakhand High Court