WPCRL/2268/2021 on 10 March, 2022

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Uttarakhand High Court

WPCRL/2268/2021 on 10 March, 2022

Bench: Alok Kumar Verma

        IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                     10TH MARCH, 2022


      CRIMINAL WRIT PETITION NO.2268 of 2021


Between:

Saurabh Goel and Others.                   ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Narendra Bali, learned
                               counsel.


Counsel for the State/     :   Mr. V.K. Gemini, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               for the State.


Counsel for the            :   Mr. Parikshit Saini, learned
Respondent No.3                counsel.




Hon'ble Alok Kumar Verma, J.

The learned counsel for the petitioners and the private respondents submitted that the parties are not present in-person.

2. 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.0692 of 2021, registered with Police Station Kotwali Jwalapur, District Haridwar for the offence under Sections 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

3. Heard Mr. Narendra Bali, the learned counsel for the petitioners, Mr. V.K. Gemini, the learned Deputy Advocate General for the State and Mr. Parikshit Saini, the learned counsel for the respondent no.3.

4. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kotwali Jwalapur, District 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 petitioners.

5. The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioners.

6. In view of the above, this Criminal Writ Petition No.2268 of 2021 is disposed of with a 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: 10th March, 2022 Neha

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