LAWS(UTN)-2022-3-17

MIKIN THAPA Vs. STATE OF UTTARAKHAND

Decided On March 21, 2022
Mikin Thapa Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(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.180 of 2021, registered with Police Station Clementown, District Dehradun for the offence under Ss. 323, 504, 354 and 498-A of the IPC and Sec. 3/4 of the Dowry Prohibition Act, 1961.

(2.) Heard Mr. Shankar Agarwal, the learned counsel holding brief of Mr. Ramji Shrivastava, the learned counsel for the petitioners and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.

(3.) 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 Clementown, District Dehradun, the respondent no.2/ the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and Another, before proceed to arrest the petitioners.