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WPCRL/490/2022 of VIRENDRA BOHRA Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-03-29
Bench
BHUWAN BHATT
Case number
490 of 2022

Parties

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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

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

CRIMINAL WRIT PETITION NO.490 of 2022

Between:

Virendra Bohra and Five 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.53 of 2022, registered with Police Station Kotwali Pithoragarh, District Pithoragarh for the offence under Sections 147, 323 and 506 of the IPC.

2. Heard Mr. Prabhat Bohra, the learned counsel for the petitioners and Mr. V.S. Rathore, 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 Pithoragarh, District Pithoragarh, 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 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.490 of 2022 is disposed of with direction to the Station House Officer, Police Station Kotwali Pithoragarh, District Pithoragarh, 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: 23[rd] March, 2022

Pant/