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2018 DIGILAW 438 (UTT)

AMAN JOSHI v. STATE OF UTTARAKHAND

2018-08-30

SUDHANSHU DHULIA

body2018
JUDGMENT Hon'ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Nalin Saun, Advocate, present for the petitioner. 2. Ms. Manisha Rana Singh, Brief Holder, present for the State/respondent Nos. 1 & 2. 3. The First Information Report has been lodged by respondent No. 3, which has been registered as Case Crime No.87 of 2018, under Sections 381 and 420 of IPC, at Police Station-Prem Nagar, District-Dehradun implicating the present petitioner. Apprehending his arrest, the petitioner has approached this Court for relief. 4. Considering the facts and circumstances of the case as well as the nature of offence and since the maximum punishment in these offences are seven years or less, a limited interference is called for in the matter. 5. 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 . 6. It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.