Akhlaq & another vs State of Uttarakhand & others

Mr. Parikshit Saini, Advocate holding brief of Mr. Mohd. Safdar, Advocate for the petitioners.

Mr. B.S. Thind, Brief Holder, present for the State/respondent Nos. 1 to 3.

The First Information Report has been lodged by respondent No. 3, which has been registered as FIR/Case Crime No.578 of 2017, under

Sections 379, 411 of IPC and under Sections 4 and 21 of the Mines and Minerals (Regulation and Development) Act, 1957, at Police Station-

Laksar, District- Haridwar implicating the present petitioners. Apprehending their arrest, the petitioners have approached this Court for relief.

Considering the overall facts and circumstances of the case as well as the nature of offence and since the maximum punishment in these offences

are seven years or less, a limited interference is called for in the matter.

The writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to

the full cooperation of the petitioners in the investigation, but as far as the arrest of the petitioners are concerned, the same may be done only under

the parameters as framed under Section 41 and Section 41A of Cr.P.C. as well as following the guidelines given by the Hon''ble Apex Court in the

case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273.

It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.