WPCRL/2362/2021 of NEELESH KUMAR AGARWAL Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 31[st] DECEMBER, 2021

CRIMINAL WRIT PETITION NO.2362 of 2021

Between:

Neelesh Kumar Agarwal and

…Petitioner.

State of Uttarakhand and Others.

...Respondents.

Counsel for the Petitioner:Mr. Shashak Saun, learned counsel.

Counsel for the State/ : Mr. Lalit Miglani, learned Respondent nos. 1 & 2. AGA 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.552 of 2021, registered with Police Station Kotwali Dehradun, District Dehradun for the offence under Sections 153-A and 295-A of the IPC.

2. Heard Mr. Shashak Saun, the learned counsel for the petitioner and Mr. Lalit Miglani, the learned AGA for the State.

During the arguments, the learned counsel for

the petitioner submitted that this writ petition may be disposed of with direction to the concerned Station House Officer, Police Station Kotwali Dehradun, 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 submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.2362 of 2021 is disposed of with direction to the Station House Officer, Police Station Kotwali Dehradun, 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: 31[st] December, 2021 Pant/