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2016 DIGILAW 302 (UTT)

MAJID HUSSAIN v. STATE OF UTTARAKHAND

2016-07-01

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) A first information report has been lodged by the respondent no. 3 against the petitioner which has been registered as Case Crime/F.I.R. No. 178 of 2016 under Sections 323/504/506 of IPC at Police Station Bazpur, reporting Police Chowki–Sultanpur Patti, District Udham Singh Nagar. Apprehending his arrest, petitioner has approached this Court for relief. 2. Considering the facts and circumstances of the case as well as the nature of the offence and since the maximum punishment in these offences is seven years or less, a limited interference is called for in the matter. 3. The writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to the full cooperation of the petitioner in the investigation, but as far as the arrest of the petitioner is concerned, the same may be done only under the parameters as framed under Section 41 and Section 41A of Cr.P.C. as well as following the guidelines given by the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273 . 4. It is further made clear that this order shall remain operative till the filing of the charge sheet, in case of that event.