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2023 Supreme(Online)(UT) 3079

HIGH COURT OF UTTARAKHAND
Sharad Kumar Sharma, J
Ankit Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
For the Appellants/Petitioners: S.K. Mandal
For the Respondents: Pratiroop Pandey

Table of Content
1. challenge to criminal proceedings (Para 1 , 2)
2. authority of constables to make arrests (Para 3 , 4 , 18 , 21 , 26)
3. definition and scope of a 'police officer' (Para 5 , 8 , 9 , 10 , 12 , 13 , 15 , 23)
4. court's conclusion on arrest authority and dismissal (Para 6 , 27)

JUDGEMENT

Hon’ble Sharad Kumar Sharma, J.

The applicant to the present C-482 Application has put a challenge to the proceedings of Criminal Case No. 8059 of 2018, State Vs. Ankit Kumar, which stood registered as a consequence of the culmination of the investigation being conducted by the Investigating Officer, into the set of allegations levelled in FIR, being FIR No. 557 st of 2018, dated 21 September, 2018, which was registered by Constable 49 T.P. Dinesh Kapari, for the alleged involvement of the present applicant for commission of the offence under Sections 332 and 353 of the IPC.

2. Consequence to the submission of the chargesheet, the cognizance has been taken by virtue of an th order dated 15 December, 2018, as it has been passed by the Court of Addl. Chief Judicial Magistrate Kashipur, District Udham Singh Nagar, in the aforesaid Criminal Case No. 8059 of 2018, State Vs. Ankit Kumar.

3. There

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