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Rajendra Kumar And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 29 April 2022 · Citation: (2022) 04 UK CK 0124

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 420, 506 · Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 760 Of 2022
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Judgment

6 paragraphs · 235 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.341 of 2022, registered with Police Station Kotwali Roorkee, District Haridwar for the offence under Sections 420, 120B and 506 of IPC.

2.

Heard Mr. Ramji Shrivastava, learned counsel for the petitioners, Mr. Ranjan Ghildyal, learned AGA for the State and Mr. Arvind Sharma, learned counsel for the respondent no.3.

3.

During the arguments, the learned counsel appearing for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kotwali Roorkee, 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 petitioners.

4.

The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioners.

5.

In view of the above, this Criminal Writ Petition No.760 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Roorkee, 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.