High CourtsSingle Bench

Nitin Gautam vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 18 April 2022 · Citation: (2022) 04 UK CK 0059

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 354, 504, 506 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 2004 Of 2021
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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.436 of 2021, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Sections 323, 354, 504 & 506 of I.P.C.

2.

Heard Mr. Sanjay Kumar, the learned counsel for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

3.

During the arguments, the learned Senior Advocate appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kashipur, District Udham Singh Nagar 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.2004 of 2021 is disposed of with a direction to the Station House Officer, Police Station Kashipur, District Udham Singh Nagar 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.