WPCRL/483/2022 of AMIT KUMAR KANDWAL Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23[rd] MARCH, 2022

CRIMINAL WRIT PETITION NO.483 of 2022

Between:

Amit Kumar Kandwal and three Others

…Petitioners

and

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.76 of 2022, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 498A, 323, 506 and 354 of the IPC.

2. Heard Mr. D.C.S. Rawat, the learned counsel for the petitioners and Mr. V.S. Rathore, the learned AGA 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 Kotwali Kotdwar, District Pauri Garhwal/ the Investigating Officer, the respondent no.2, 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 State 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.483 of 2022 is disposed of with direction to the Station House Officer, Police Station Kotwali Kotdwar, District Pauri Garhwal/ the Investigating Officer, the respondent no.2, to follow the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another.

Let certified copy of this order be provided to

6. Let certified copy of this order be provided to the learned counsel for the petitioners, today itself, on the payment of usual charges. the learned counsel for the petitioners, today itself, on the payment of usual charges.

__________________

ALOK KUMAR VERMA, J.

Dt: 23[rd] March, 2022

Pant/