WPCRL/200/2022 of BITTU KARNATAK Vs STATE OF UTTARAKHAND
Parties
- disposed of with a direction to the concerned Station House Officer, Police Station Kotwali Almora, District Almora, the respondent no.2 to follow the judgment of the Hon’ble Supreme Court, passed in (PETITIONER)
- ALOK KUMAR VERMA, J (RESPONDENT)
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02[ND] FEBRUARY, 2022
CRIMINAL WRIT PETITION NO.200 of 2022
Between:
Bittu Karnatak and Others
…Petitioners.
and
State of Uttarakhand and Others.
...Respondents.
Counsel for the Petitioners:Mr. Shakti Singh, learned counsel. Counsel for the State/ : Mr. Rakesh Joshi, learned Respondents. 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.0052 of 2020, registered with Police Station Kotwali Almora, District Almora for the offence under Sections 269, 270, 341, 147 of IPC, Section 7 of the Criminal Law (Amendment) Act, 1932, Section 2/3 of the Epidemic Act, 1897 and Section 51 (b) of the Disaster Management Act, 2005.
Heard Mr. Shakti Singh, the learned counsel
appearing for the petitioners and Mr. Rakesh Joshi, the learned Brief Holder appearing for the State.
3. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be
disposed of with direction to the concerned Station House Officer, Police Station Kotwali Almora, District Almora, 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 petitioners.
4. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioners.
5. In view of the above, this Criminal Writ Petition No.200 of 2022 is disposed of with direction to the Station House Officer, Police Station Kotwali Almora, District Almora, 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: 2[nd] February, 2022 Pant/