VISHAL TRIPATHI Vs. STATE OF UTTARAKHAND

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.322 of 2021, registered with Police Station Transit Camp, District Udham Singh Nagar, for the offence under Sec. 13 of the Public Gambling Act, 1867.

(2.) Heard Mr. R.C. Tamta with Ms. Meenu, learned counsel for the petitioner and Mr. Shubhash Tyagi Bharadwaj, learned Deputy Advocate General for the State.

(3.) During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Transit Camp, District Udham Singh Nagar, 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 petitioner.