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WPCRL/436/2022 of ANIL KUMAR Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-07-27
Case number
436 of 2022

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Statutes cited (5)

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

14[TH ]MARCH, 2022

CRIMINAL WRIT PETITION NO.436 of 2022

Between:

Anil Kumar and Others. and

State of Uttarakhand and Others.

…Petitioners.

...Respondents.

Counsel for the Petitioners:Mr. Bhuwan Bhatt, learned counsel.

Counsel for the State/

Respondent nos. 1 & 2.

: Mr. T.C. Agarwal, learned Deputy Advocate General 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.0163 of 2022, registered with Police Station Ranipur, District Haridwar for the offence under Sections 498A of IPC and 3/4 of the Dowry Prohibition Act, 1961.

Heard Mr. Bhuwan Bhatt, the learned counsel

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 Ranipur, 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.

The learned counsel for the respondents has no

5. In view of the above, this Criminal Writ Petition No.436 of 2022 is disposed of with direction to the Station House Officer, Police Station Ranipur, 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: 14[th] March, 2022 Neha