WPCRL/479/2022 of KAMAL THAPA Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22[nd ]MARCH, 2022

CRIMINAL WRIT PETITION NO.479 of 2022

Between:

Kamal Thapa and

…Petitioner

State of Uttarakhand and Others ...Respondents.

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 Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 147, 148, 323, 325 and 308 of the IPC.

2. Heard Mr. Abhishek Verma, the learned counsel for the petitioner and Mr. S.S. Adhikari, the learned Deputy Advocate General 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 Kotwali 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 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.479 of 2022 is disposed of with direction to the Station House Officer, Police Station Kotwali 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.

__________________

ALOK KUMAR VERMA, J.

Dt: 22[nd] March, 2022 Pant/