WPCRL/418/2022 of MOHD ISRAR Vs STATE OF UTTARAKHAND
Parties
- Hon’ble Alok Kumar Verma, J (PETITIONER)
- ALOK KUMAR VERMA, J (RESPONDENT)
Cites (1 resolved of 2 detected)
Statutes cited (3)
- indian penal code, 3 (1860)
- constitution of india, article-226 (1950)
- constitution of india (1950)
Full text
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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
11[TH ]MARCH, 2022
CRIMINAL WRIT PETITION NO.418 of 2022
Between:
Mohd. Israr and Others.
and
State of Uttarakhand and Others.
…Petitioners.
...Respondents.
Counsel for the Petitioners:
Mr. Bilal Ahmed, learned counsel.
Counsel for the State/ : Respondent nos. 1 & 2.
Mr. Rohit Dhyani, learned 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.147 of 2022, registered with Police Station Jhabrera, District Haridwar for the offence under Sections 323, 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.
2. Heard Mr. Bilal Ahmed, the learned counsel for the petitioners and Mr. Rohit Dhyani, the learned Brief Holder 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 Jhabrera, 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 respondents 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.418 of 2022 is disposed of with direction to the Station House Officer, Police Station Jhabrera, 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 Neha