WPCRL/2099/2021 of MOHD IRSHAD Vs STATE OF UTTARAKHAND
Parties
- House Officer, Police Station Rudrapur, District Udham Singh Nagar, the respondent no.2 / the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in Arnesh Kumar (PETITIONER)
- The learned counsel for the State has no (RESPONDENT)
Cites (1 resolved of 2 detected)
Statutes cited (3)
- constitution of india, article-226 (1950)
- constitution of india (1950)
- indian penal code (1860)
Full text
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24[TH ]NOVEMBER, 2021
CRIMINAL WRIT PETITION NO.2099 OF 2021
Between:
Mohd. Irshad S/o Aash Mohd. and
…Petitioner.
State of Uttarakhand and others.
...Respondents.
Counsel for the Petitioner:Ms. Manju Bahuguna and Mr.D.N. Sharma, 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.0436 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Section 380 of IPC.
Heard Ms. Manju Bahuguna and Mr. D.N.
Sharma, the learned counsel for the petitioner and Mr. V.S. Rathore, the learned Assistant Government Advocate assisted by Mr. Sachin Panwar, 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 Rudrapur, District Udham Singh Nagar, 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.
The learned counsel for the State has no
5. In view of the above, this Criminal Writ Petition No.2099 of 2021 is disposed of with the direction to the Station House Officer, Police Station Rudrapur, 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: 24[th] November, 2021 Sukhbant