WPCRL/189/2022 of ARVIND SHARMA Vs STATE OF UTTARAKHAND THROUGH THE SECRETARY HOME AFFAIRS GOVERNMENT OF U.K. DEHRADUN

Court: Uttarakhand High Court
Decision date: 2022-09-23
Case number: 189 of 2022

Parties

Dehradun, the respondent no.2, to follow the judgment of the Hon’ble Supreme Court, passed in Arnesh Kumar (PETITIONER)
In view of the above, this Criminal Writ Petition (RESPONDENT)

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indian penal code (1860)

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 04[th] FEBRUARY, 2022

CRIMINAL WRIT PETITION NO.189 of 2022

Between:

Arvind Sharma

…Petitioner.

and

State of Uttarakhand and Others.

...Respondents.

Counsel for the Petitioner:Mr. Rajat Mittal, learned counsel.

Counsel for the State/ : Mr. V.S. Rathore, learned Respondents. 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.044 of 2022, registered with Police Station Vikasnagar, District Dehradun for the offence under Section 109 read with Section 354 of IPC.

2. Heard Mr. Rajat Mittal, the learned counsel appearing for the petitioner and Mr. V.S. Rathore, the learned AGA appearing for the State through video conferencing.

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 Vikasnagar, District

Dehradun, the respondent no.2, 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.

In view of the above, this Criminal Writ Petition

No.189 of 2022 is disposed of with direction to the Station House Officer, Police Station Vikasnagar, District Dehradun, the respondent no.2, to follow the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another.

__________________

ALOK KUMAR VERMA, J.

(Vacation Judge)

Dt: 4[th] February, 2022 Pant/