WPCRL/7/2022 of DEEPAK CHARAYA Vs STATE OF UTTARAKHAND
Parties
- the petitioners and Mrs. Meena Bisht, the learned Brief Holder for the State (PETITIONER)
- ALOK KUMAR VERMA, J (RESPONDENT)
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
09[TH ]MARCH, 2022
CRIMINAL WRIT PETITION NO.7 of 2022
Between:
Deepak Charaya and Another. and
State of Uttarakhand and Others.
…Petitioners.
...Respondents.
Counsel for the Petitioners:Mr. Mani Kumar, learned counsel.
Counsel for the State/ Respondent nos. 1 & 2.
Mrs. Meena Bisht, 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.733 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 420 and 506 of IPC.
Heard Mr. Mani Kumar, the learned counsel for
the petitioners and Mrs. Meena Bisht, the learned Brief Holder 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 Rudrapur, District Udham Singh Nagar, 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.7 of 2022 is disposed of with direction to the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, 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: 09[th] March, 2022 Neha