WPCRL/2118/2021 of NASEER AHMAD Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

25[TH] NOVEMBER, 2021

CRIMINAL WRIT PETITON NO. 2118 of 2021

Between:

Naseer Ahmad

…Petitioner

and

State of Uttarakhand and others …Respondents

Counsel for the Petitioner : Mr. Mohd. Azim.

Counsel for the Respondent : Mr. Rohit Dhyani, learned Nos.1 and 2 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.588 of 2021, registered with Police Station Patel Nagar, District Dehradun for the offence under Sections 420, 120-B, 476, 482, 483, 486 of IPC and Section 51/63 of the Copyright Act, 1957.

2. Heard Mr. Mohd. Azim, the learned counsel for the petitioner and Mr. Rohit Dhyani, 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 Patel Nagar, District Dehradun, 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.2118 of 2021 is disposed of with the direction to the Station House Officer, Police Station Patel Nagar, District Dehradun, 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: 25[th] November, 2021 PANT/