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Kabir Ahmed vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 19 May 2022 · Citation: (2022) 05 UK CK 0055

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 946 Of 2022
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Judgment

6 paragraphs · 219 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.175 of 2022, registered with Police Station Vikasnagar, District Dehradun, for the offence under Section 420 of IPC.

2.

Heard Mr. Shankar Agarwal, learned counsel for the petitioner and Mr. Pratiroop Pandey, learned AGA 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 Vikasnagar, District Dehradun, 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 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.946 of 2022 is disposed of with a direction to the Station House Officer, Police Station Vikasnagar, District Dehradun, 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.