WPCRL/1328/2021 of HARSH TOMAR Vs SENIOR SUPERINTENDENT OF POLICE HARIDWAR

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 11[TH ]MARCH, 2022

CRIMINAL WRIT PETITION NO.1328 of 2021

Between:

Harsh Tomar

…Petitioner.

and

State of Uttarakhand and Others.

...Respondents.

Counsel for the Petitioner :Mr. Rajveer Singh, learned counsel.

Counsel for the State :

Mr. T.C. Agarwal, learned Deputy Advocate General 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.269 of 2021, registered with Police Station Kotwali Roorkee, District Haridwar for the offence under Sections 406, 420, 504 and 506 of IPC.

2. Heard Mr. Rajveer Singh, the learned counsel appearing for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State.

3. 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 Roorkee, District Haridwar, 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.1328 of 2021 is disposed of with direction to the Station House Officer, Police Station Kotwali Roorkee, District Haridwar, 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: 11[th] March, 2022

Pant/