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2017 Supreme(UK) 12

U.C.DHYANI
Azeem – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the writ Petitioners: Mr. Mohd. Safdar.
For the State-Respondents: Mr. M.A. Khan, Prem Kaushal, Mr. Milind Raj

JUDGMENT :

U.C. Dhyani, J.

By means of present writ petition, the petitioners pray for the following relief, among others:

“(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.12.2016 registered as Case Crime No. 182 of 2016, under Sections 457, 380 and 411 IPC, PS Jhabrera, District Haridwar.

(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime No. 182 of 2016, under Sections 457, 380 and 411 IPC, PS Jhabrera, District Haridwar.”

2. Heard learned counsel for the petitioners, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

3. It is the submission of learned counsel for the petitioners that the stolen buffalo has been recovered from Meharban who is in judicial detention. According to the learned counsel for the petitioners the present petitioners have no concern with the theft of buffalo.

4. In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 273, the petitioners should be arrested only when t






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