Uttarakhand High Court
Mohd. Kamil vs State Of Uttarakhand And Others on 22 April, 2016
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No.464 of 2016
Mohd. Kamil .......Petitioner
Versus
State of Uttarakhand and others ... Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. Manish Arora, Advocate for the petitioner and Mr. D.K. Sharma, learned Additional Advocate General assisted by Ms. Shruti Joshi, Brief Holder present for the State/respondent Nos.1 & 2.
A First Information Report has been lodged by the respondent No.3 which has been registered as Case Crime No.110 of 2016 under Sections 406/420/504/506 of IPC, at Police Station Kotwali, Roorkee, District Haridwar against the present petitioner. Apprehending his arrest, the petitioner has approached this Court for relief.
Learned counsel for the petitioners submits that the maximum punishment in the above offences is seven years or less.
At this stage, no interference is presently called for by this Court in the matter.
Considering the nature of offence, the writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to the full cooperation of the petitioner in the investigation, but as far as the arrest of the petitioner is concerned, the same shall be done only under the procedure framed under Section 41 Cr.P.C. and Section 41A Cr.P.C. as well as the guidelines given by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273, where strict guidelines have been given by the Hon'ble Apex Court regarding arrest and investigation in such matters.
It is made clear that this order shall remain operative till the filing of the charge sheet, in case of that event.
(Sudhanshu Dhulia, J.)
JKJ 22.04.2016