CourtKutchehry.com
High CourtsSingle Bench

Ashish vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 25 April 2022 · Citation: (2022) 04 UK CK 0115

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 732 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 240 words

Alok Kumar Verma, J

1.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No. 0144 of 2022, registered with Police Station Bahadarabad, District Haridwar for the offence under Section 363 of IPC.

2.

Heard Mr. Vinod Chandra, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. R.K.Chauhan, learned counsel holding brief of Mr. Sanjeev Singh, learned counsel for the respondent no.3.

3.

During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Bahadarabad, District Haridwar, the respondent no.2, and the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273, before proceed to arrest the petitioner.

4.

The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioner.

5.

In view of the above, this Criminal Writ Petition No. 732 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bahadarabad, District Haridwar, the respondent no.2, and the Investigating Officer to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273.