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WPCRL/422/2022 of NAVNIT MANDRIYAL ALIAS NAVEEN Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-03-22
Case number
422 of 2022

Parties

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

11[TH ]MARCH, 2022

CRIMINAL WRIT PETITION NO.422 of 2022

Between:

Navanit Mandriyal Alias Naveen. and

State of Uttarakhand and Others.

…Petitioner.

...Respondents.

Counsel for the Petitioner:Mr. Ankurit Raj David, 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.67 of 2022, registered with Police Station Kotdwar, District Pauri Garhwal for the offence under Sections 147, 148 and 323 of IPC.

Heard Mr. Ankurit Raj David, the learned

counsel for the petitioner and Mr. Rohit Dhyani, 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 Kotdwar, District Pauri Garhwal, 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 respondents has no objection on the above submission of the learned counsel for the petitioner.

The learned counsel for the respondents has no

5. In view of the above, this Criminal Writ Petition No.422 of 2022 is disposed of with direction to the Station House Officer, Police Station Kotdwar, District Pauri Garhwal, 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.

In view of the above, this Criminal Writ Petition

__________________

ALOK KUMAR VERMA, J.

Dt: 11[th] March, 2022

Neha