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2022 Supreme(HP) 355

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Ranjeet Kumar Son of Shri Baleshwar Prasad – Appellant
Versus
State Of Himachal Pradesh Through Its Secretary (Home) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Suneel Awasthi, Advocate
For the Respondent: Mr. Vinod Thakur, Additionala Dvocate General With Mr. Rajat Chauhan, Law Officer

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has prayed for following substantive reliefs:-

    “i. That the action of the respondent authorities arresting the petitioner in FIR No.5 of 2022 registered at Police Station Bharari, Shimla under sections 419, 420, 201 and 120-B of Indian Penal Code may kindly be quashed and set aside and be declared illegal and unlawful.

ii. That the FIR No.5 of 2022 registered at Police Station Bharari, Shimla under sections 419, 420, 201 and 120-B of Indian Penal Code may kindly be quashed and set aside qua the present petitioner or in alternate the FIR's registered at various police station regarding the leak question paper in Police Constable Recruitment Exam Paper may kindly be clubbed in the interest of justice and fair play.

iii. That the contempt notice may kindly be issued to the respondent authorities as the action of the respondent department arresting the petitioner is in violation of the Judgment Passed by the Hon'ble Supreme Court in Arnesh Judgment (2014) 8 SCC 273.

iv. That the respondent may kindly be directed to release the petitioner in FIR No.5 of 2022 registered at Police Station Bharari, Shimla under sections 420,

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