High CourtsSingle Bench

Jayant Sarkar vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 23 May 2022 · Citation: (2022) 05 UK CK 0075

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 323, 342, 452, 504, 506 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 954 Of 2022
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Judgment

6 paragraphs · 229 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.0159 of 2022, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 147, 323, 342, 452, 504 and 506 of IPC.

2.

Heard Mr. Punit Kumar, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

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 Sitarganj, District Udham Singh Nagar/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 State has no objection on the above submission of the learned counsel for the petitioner.

5.

In view of the above, this Criminal Writ Petition No.954 of 2022 is disposed of with a direction to the Station House Officer, Police Station Sitarganj, District Udham Singh Nagar/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.