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WPCRL/466/2022 of LALIT SHARMA Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-03-16
Case number
466 of 2022

Parties

Cites (1 resolved of 2 detected)

Statutes cited (3)

Full text

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

16[TH ]MARCH, 2022

CRIMINAL WRIT PETITION NO.466 of 2022

Between:

Lalit Sharma. and

State of Uttarakhand and Others.

…Petitioner.

...Respondents.

Counsel for the Petitioner:

Mr. Piyush Garg, learned counsel.

Counsel for the State/ : Respondent nos. 1 to 3.

Mr. S.S. Adhikari, learned Deputy Advocate General assisted by Mr. Balvinder Singh, 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.0072 of 2022, registered with Police Station Doiwalan, District Dehradun for the offence under Section 408 of IPC.

2. Heard Mr. Piyush Garg, the learned counsel for the petitioner and Mr. S.S. Adhikari, the learned Deputy

Advocate General assisted by Mr. Balvinder Singh, 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 Station House Officer, Police Station Doiwalan, District Dehradun, the respondent no.3 and the Investigating Officer of this matter 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.

5. In view of the above, this Criminal Writ Petition No.466 of 2022 is disposed of with direction to the Station House Officer, Police Station Doiwalan, District Dehradun, the respondent no.3 and the Investigating Officer of this matter 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: 16[th] March, 2022 Neha