Krishna Kumar Bora vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned Deputy Advocate General for the State.

In this writ petition, the petitioner has prayed for an order or direction in the nature of certiorari for quashing the impugned FIR no. 0265 dated

30.12.2021, lodged by respondent No. 3, at Police Station Kotwali Pithoragarh, under Section 406 of the Indian Penal Code, 1860 (for brevity

‘IPC’). A writ in the nature of mandamus has also been sought directing the respondent No. 2 not to arrest the petitioner in connection with the

aforementioned FIR lodged by respondent No. 3.

The allegation levelled against the petitioner is that he had not deposited the collection money within the time stipulated in the department.

In such view of the matter, this Court is not inclined to interfere to quash the FIR lodged against the petitioner. However, the petitioner shall be at

liberty to file anticipatory bail application before the learned Sessions Judge, Pithoragarh, on the basis of the law laid down by the Hon’ble Apex

Court in the case of Arnesh Kumar Vs State of Bihar and another, reported in (2014) 8 SCC 273.

With the direction as above, present Writ Petition (Criminal) stands disposed of.

Urgent certified copy of this order be granted to the learned counsel for the parties, as per rules.