WPCRL/2091/2021 of KAMAL SINGH ALIAS KAMALADEEP SINGH Vs SENIOR SUPERINTENDENT OF POLICE RUDRAPUR

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

22ND NOVEMBER, 2021

CRIMINAL WRIT PETITION NO.2091 OF 2021

Between:

Kamal Singh @ Kamaldeep Singh S/o Shri Kulavant Singh. …Petitioner

and

Senior Superintendent of Police and others.

...Respondents

Counsel for the Petitioner:Mr. Shailabh Pandey, learned counsel.

Counsel for the Respondent Nos.1 and 2:

Mr. V.S. Rathore, learned Assistant Government Advocate assisted by Mr. Sachin Panwar, 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 writ of certiorari to quash the impugned First Information Report No.365 of 2021, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 186, 353, 504, 506 of IPC.

2. Heard.

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/ the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and another,

reported in (2014) 8 SCC 273, before proceed to arrest

the petitioner.

4. The learned counsel for the State has no objection.

5. Therefore, this Criminal Writ Petition No.2091 of 2021 is disposed of with the direction to the Station House Officer, Police Station Sitarganj, District Udham Singh Nagar, 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: 22[nd] November, 2021 BS