KULWINDER SINGH Vs. SR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner, by means of present criminal writ petition, seeks a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 01.05.2015, registered as FIR no. 130 of 2015, under Sections 147, 148, 341, 342, 353, 427, 504, 506 IPC, relating to police station, Ramnagar, District Nainital.

(2.) HEARD learned counsel for the parties and perused the documents brought on record.

(3.) LEARNED Addl. Advocate General as well as learned Government Advocate strongly opposed the move of the petitioner for granting him interim protection from arrest. Learned State counsel argued that the investigation of the case has just begun. Complainant -respondent no. 3 (victim) is an Indian Forest Service Probationer. Investigating Officer of the case, if satisfied, that the petitioner has committed the offence alleged against him, may arrest the petitioner, but at this stage considering the penal sections which have been fastened against the petitioner, this Court is inclined to dispose of the criminal writ petition in the light of judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs State of Bihar and another, 2014 8 SCC 273, at the admission stage itself, with the consent of learned counsel for the parties. The criminal writ petition is accordingly being disposed of in view of principle of law laid down by the Hon'ble Supreme Court in Arnesh Kumar's judgment , wherein it was held as under: