HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No.382 of 2022

Madhur Chauhan and another

…....... Petitioners

Vs.

State of Uttarakhand and others ..…...... Respondents

Mr. Lalit Sharma, Advocate for the petitioners.

Mr. V.K. Jemini, Deputy Advocate General with Ms. Meena Bisht, Brief Holder for

the State.

JUDGMENT

Hon’ble Ravindra Maithani, J. (Oral)

In this petition, challenge is made to the FIR

No.133 of 2022, under Sections 452, 504, 506 and 427

IPC, Police Station Rudrapur, District Udham Singh

Nagar and also directions that they may also not be

arrested pursuant to the FIR.

2.

Heard learned counsel for the parties and

perused the record.

3.

At the very outset, learned counsel for the

petitioners

would

submit

that

the

police

may

indiscriminately arrest the persons named in the FIR.

Petitioners apprehend that they may be arrested by the

Investigating Officer without following the directions of

the Hon’ble Supreme Court, passed in the case of Arnesh

Kumar vs. State of Bihar and another, (2014)8 SCC 273.

2

4.

Learned counsel for the petitioners would

submit that directions may be given to the Investigating

Officer that he should follow the directions of the Hon’ble

Supreme Court given in the case of Arnesh Kumar

(supra).

5.

In the case of Arnesh Kumar (supra), the

Hon’ble Supreme Court has laid down the guidelines to

the Investigating Officers and Magistrates in the case of

arrests and remands. In paragraph 11 of the judgment

the principle has been laid down.

6.

Directions have been laid down by the Hon’ble

Supreme Court in the case of Arnesh Kumar (supra). In

order to enforce such directions, this Court need not pass

further directions. Undoubtedly, the directions of the

Hon’ble Supreme Court are law of the land and they are

required to be followed in letter and spirit.

7.

With these observations, the writ petition

stands disposed of.

(Ravindra Maithani, J.)

07.03.2022

Sanjay