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2025 DAILYLAW 1641 (UTT)

GAJAMFAR ALI AND ORS v. STATE OF UTTARAKHAND

WPCRL/59/2025 · 2025-02-13

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:846 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13th FEBRUARY, 2025 CRIMINAL WRIT PETITON NO. 59 of 2025 Gajamfar Ali and Others ..…Petitioners Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioners : Mr. Rajat Mittal, Advocate. Counsel for the Respondent: Mr. Pratiroop Pandey, Nos.1 and 2 AGA with Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Supplementary affidavit dated 11.02.2025, filed by the petitioners, is taken on record. 2. Heard Mr. Rajat Mittal, learned counsel for the petitioners and Mr. Pratiroop Pandey, learned AGA with Mr. Pradeep Lohani, learned Brief Holder for the respondent nos. 1 and 2. 3. Mr. Rajat Mittal, Advocate, submitted that the present writ petition under Article 226 of the Constitution of India has been filed to quash the impugned First Information Report bearing No.35 of 2025, registered under Section 204 and Section 308(2) 2025:UHC:846 2 of the Bharatiya Nyaya Sanhita, 2023 at police station Vikasnagar, District Dehradun. An Anticipatory Bail Application (No.114 of 2025) was filed by the petitioners, but, the same was rejected on 06.02.2025. 4. Mr. Rajat Mittal, Advocate, has requested to decide the present writ petition by issuing a direction to the respondent no.2 to follow the guidelines framed by the Hon'ble Supreme Court in "Arnesh Kumar vs. State of Bihar", (2014) 8 SCC 273. 5. The said submission has not been opposed by Mr. Pratiroop Pandey, learned counsel for the respondent nos. 1 and 2. 6. In view of the above, this writ petition is disposed of with a direction to the Station House Officer, police station Vikasnagar, District Dehradun, the respondent no.2/ the investigating officer to follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar before proceed to arrest the petitioners. ___________________ ALOK KUMAR VERMA, J. Date: 13.02.2025 PANT/