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WPCRL/167/2022 of SONI MAHROTRA Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-10-10
Bench
MANJU
Case number
167 of 2022

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22[nd ]MARCH, 2022

CRIMINAL WRIT PETITION NO.167 of 2022

Between:

Smt. Soni Mahrotra

…Petitioner

and

State of Uttarakhand and Others

...Respondents.

Counsel for the Petitioner :Mr. R.P. Nautiyal, learned Senior Advocate assisted by Ms. Garima Thapa, learned counsel. Senior Advocate assisted by Ms. Garima Thapa, learned counsel. Counsel for the State/ : Mr. T.C. Agarwal, learned Respondent nos. 1 & 2. Deputy Advocate General for the State. Respondent nos. 1 & 2. Deputy Advocate General for the State. Counsel for the Respondent : Mr. C.K. Sharma, learned /Caveator no.3. counsel. /Caveator no.3. counsel.

Hon’ble Alok Kumar Verma, J.

The learned counsel for the State submitted that the petitioner – accused Smt. Soni Mahrotra is wanted in the offence under Section 504 of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961, in connection with the First Information Report No.604 of 2021, registered with Police Station Ramnagar, District Nainital.

2. During the arguments, the learned Senior Advocate for the petitioner submitted that the present writ petition may be disposed of with direction to the concerned Station House Officer, Police Station Ramnagar, District Nainital, the respondent no.2/ the Investigating Officer to follow the guidelines of the Hon’ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and Another, before proceed to arrest the petitioner.

3.Heard Mr. R.P. Nautiyal, the learned Senior Advocate assisted by Ms. Garima Thapa, the learned counsel for the petitioner, Mr. T.C. Agarwal, the learned Deputy Advocate General for the State and Mr. C.K. Sharma, the learned counsel for the respondent no.3/caveator.

4. The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.167 of 2022 is disposed of with direction to the Station House Officer, Police StationRamnagar, District Nainital, 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: 22[nd] March, 2022 Pant/