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2025:UHC:847 1
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
13th FEBRUARY, 2025
CRIMINAL WRIT PETITON NO. 60 of 2025
Abdul Raziq
..…Petitioner
Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Petitioner : 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 petitioner, is taken on record.
2. Heard Mr. Rajat Mittal, learned counsel for the petitioner 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.34 of 2025, registered under Section 204 and Section 308(1)
2025:UHC:847 2 of the Bharatiya Nyaya Sanhita, 2023 at police station Vikasnagar, District Dehradun. An Anticipatory Bail Application (No.112 of 2025) was filed by the petitioner, 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 petitioner.
___________________ ALOK KUMAR VERMA, J.
Date: 13.02.2025 PANT/