Bittu Karnatak And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

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.0052 of 2020, registered with Police Station Kotwali Almora, District Almora for the offence under Sections 269, 270, 341, 147

of IPC, Section 7 of the Criminal Law (Amendment) Act, 1932, Section 2/3 of the Epidemic Act, 1897 and Section 51 (b) of the Disaster

Management Act, 2005.

Heard Mr. Shakti Singh, the learned counsel appearing for the petitioners and Mr. Rakesh Joshi, the learned Brief Holder appearing for the State.

During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned

Station House Officer, Police Station Kotwali Almora, District Almora, 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.

The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioners.

In view of the above, this Criminal Writ Petition No.200 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali

Almora, District Almora, the respondent no.2 to follow the guidelines formulated by the Hon’ble Supreme Court inA rnesh Kumar vs. State of

Bihar and Another.