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Keshav Kumar Saini vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 5 May 2022 · Citation: (2022) 05 UK CK 0007

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 406, 420 · Code Of Criminal Procedure, 1973 — Section 41A · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 793 Of 2022
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Judgment

7 paragraphs · 261 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.104 of 2022, registered with Police Station Bahadrabad, District Haridwar for the offence under Sections 420 and 406 of IPC.

2.

Heard Mr. Vaibhav Singh Chauhan, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the petitioner and Mr. Pratiroop Pandey, learned AGA for the State.

3.

The learned counsel for the State submitted that a notice under Section 41-A of the Code of Criminal Procedure has been issued by the Investigating Officer to the petitioner-accused.

4.

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 Bahadrabad, 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.

5.

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

6.

In view of the above, this Criminal Writ Petition No.793 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bahadrabad, 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.