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WPCRL/347/2022 of SANJAY SOLANKI Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-10-20
Case number
347 of 2022

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

04[TH ]MARCH, 2022

CRIMINAL WRIT PETITION NO.347 of 2022

Between:

Sanjay Solanki.

and

State of Uttarakhand and Others.

…Petitioner.

...Respondents.

Counsel for the Petitioner:

Mr. Shashi Kant Shandilya, learned counsel.

Counsel for the State/ : Mr. Pratiroop Pandey, Respondent nos. 1 & 2. learned A.G.A. assisted by Mr. Dinesh Chauhan, learned Brief Holder for the State.

Pandey,

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.1098 of 2021, registered with Police Station Manglore, District Haridwar for the offence under Sections 420, 504, 506 of IPC.

2. Heard Mr. Shashi Kant Shandilya, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mr. Dinesh Chauhan, the learned Brief Holder 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 Manglore, 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.347 of 2022 is disposed of with direction to the Station House Officer, Police Station Manglore, 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: 04[th] March, 2022 Neha