WPCRL/2348/2021 of RAMESHWAR MANDAL Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH DECEMBER, 2021

CRIMINAL WRIT PETITION NO.2348 OF 2021

Between:

Rameshwar Mandal

and

State of Uttarakhand and others.

…Petitioner.

...Respondents.

Counsel for the Petitioner:

Mr. Vikas Kumar Guglani, learned counsel.

Counsel for the Respondent Nos.1, 2 and 3:

Ms. Meena Bisht, 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.0204 of 2021, registered with Police Station Dineshpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 186, 341, 353, 354A, 332, 504, 506, 34 of IPC.

2. Heard Mr. Vikas Kumar Guglani, the learned counsel for the petitioner and Ms. Meena Bisht, the learned Brief Holder for the State.

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 Dineshpur, 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.

In view of the above, this Criminal Writ Petition

No.2348 of 2021 is disposed of with the direction to the Station House Officer, Police Station Dineshpur, 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: 29[th] December, 2021 Sukhbant