Riyaz And Two Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

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.269 of 2022, registered with Police Station Bhagwanpur, District Haridwar.

Heard Mr. Gaurav Singh, the learned counsel for the petitioners, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Bilal Ahmad, learned counsel for the respondent no.3.

The learned counsel for the State submitted that a telephonic instruction has been received from the Investigating Officer and according to the Investigating Officer, the present petitioner, namely, the petitioner no.1. Riyaz, the petitioner no.2 Abdul Kadir and the petitioner no.3 Afzal are wanted only in the offence punishable under Section 384 of IPC.

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

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

In view of the above, this Criminal Writ Petition No.578 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhagwanpur, 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.