WPCRL/2244/2021 of VINEET KUMAR Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

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

CRIMINAL WRIT PETITION NO.2244 of 2021

Between:

Vineet Kumar and two Others

…Petitioners.

and

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.866 of 2021, registered with Police Station Manglour, District Haridwar for the offence under Sections 354, 452, 323 and 504 of IPC.

2. Heard Mr. Bilal Ahmed, the learned counsel appearing for the petitioners and Mr. T.C. Agarwal, the learned Deputy Advocate General 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 Manglour, 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

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.2244 of 2021 is disposed of with direction to the Station House Officer, Police Station Manglour, 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/