Advocates:
['MANOJ BHATT', '', 'SACHIN', 'VIKRAMADITYA SHAH', 'G A']

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

05^TH MARCH, 2022

CRIMINAL WRIT PETITION NO.369 of 2022

Between:

Gopal Singh Bisht.

…Petitioner.

and

State of Uttarakhand and Others.

...Respondents.

Counsel for the Petitioner:

Mr. M.S. Pal, learned Senior

Advocate assisted by Mr.

Sachin, learned counsel.

Counsel for the State/

:

Respondent nos. 1to 4.

Mr. T.C. Agarwal, learned

Deputy Advocate General

assisted

by

Mr.

Rohit

Dhyani,

learned

Brief

Holder for the State.

Hon’ble Alok Kumar Verma, J.

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.03 of 2021, registered with Police Station Vigilance

Establishment Sector Nainital, Haldwani, District Nainital

Uttarakhand for the offence under Sections 420, 468,

469, 471, 182, 120B, 153A of IPC, Section 66C and

Section 66D of the Information Technology Act, 2000.

2.

Heard Mr. M.S. Pal, the learned Senior

Advocate assisted by Mr. Sachin, the learned counsel for

2

the petitioner and Mr. T.C. Agarwal, the learned Deputy

Advocate General assisted by Mr. Rohit Dhyani, the

learned Brief Holder for the State.

3.

During the arguments, the learned Senior

Advocate for the petitioner submitted that punishment in

these offences is not more than seven years and

submitted that this writ petition may be disposed of with

a direction to the Investigating Officer of this matter,

Police Station Vigilance Establishment Sector Nainital,

Haldwani, District Nainital, to follow the judgment of the

Hon’ble Supreme Court, passed in Arnesh Kumar vs.

State of Bihar and Another, before proceed to arrest

the petitioner.

4.

The learned counsel for the State has no

objection on the above submission of the learned counsel

for the petitioner.

5.

In view of the above, this Criminal Writ Petition

No.369 of 2022 is disposed of with a direction to the

Investigating Officer of this matter, Police Station

Vigilance Establishment Sector Nainital, Haldwani, District

Nainital, to follow the guidelines formulated by the

Hon’ble Supreme Court in Arnesh Kumar vs. State of

Bihar and Another.

__________________

ALOK KUMAR VERMA, J.

Dt: 05^th March, 2022

Neha