Pet it ioners v. St at e of Ut t arakhand

Presence:- Mr. Amit Satyawali, learned counsel, holding brief of Mr. Vikas Anand, learned amicus curiae for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General for the State. ---------------------------------------------------------------------- JUD GM EN T: ( p e r H o n ’ b l e Th e Ch i e f Ju st i c e Sr i G. N a r e n d a r ) The pet it ion is by t he under- t rial t hat his arrest and det ent ion is cont rary t o law laid down by t he Hon’ble Apex Court in t he case of Arnesh Kum ar Vs. St at e of Bihar and Anot her and Sat ender Kum ar Ant il Vs. C.B.I . and Anot her.

2. That his cont inued det ent ion is per se illegal and, in t hat view, he has sought for t he following reliefs: - “ ( i) . I ssue a writ , order or direct ion in t he nat ure of m andam us com m anding t he respondent no. 1 t o st rict ly follow and com ply wit h t he guidelines issued by Hon’ble Apex Court in t he case of ARNESH KUMAR V/ S STATE OF BI HAR AND ANOTHER ( 2014) 8 SCC 273 and SATENDER KUMAR ANTI L V/ S CBI . & ANR. ( MA- NO. 1849/ 2021 in SLP. CRL. No. 5191/ 2021) , Any non- com pliance of t he guidelines t he Hon’ble Apex Court shall be deem ed t o t he Cont em pt of t he Court ; as ruled out by t he issued by 1 Hon'ble Suprem e Court in t he case of ARNESH KUMAR ( supra) . t he respondent no. 1 ( ii) . I ssue a writ , order or direct ion in t he nat ure of t o not m andam us com m anding regist er m ult iple duplicat e FI R( s) against t he pet it ioner no. 1 as well as ot her pet it ioner and if t he respondent has already regist ered any FI R( s) / duplicat e cases against t he Pet it ioner no. 1 t hen all such duplicat e Cases ( based on sam e allegat ion; sam e offence/ incident / occurrence) all concerned sam e/ com m on vict im s/ com plainant s/ wit nesses m ay wit hdrawn upon due verificat ion t o prevent t he abuse of process of court and t o ensure t he fundam ent al right of t he pet it ioner no. 1 as enshrined under Art icle 20 ( 2) of t he Const it ut ion of I ndia. wit h ( iii) . I ssue a writ , order or direct ion in t he nat ure of m andam us com m anding t he respondent no. 2 and 3 t o st rict ly follow and com ply wit h t he guidelines issued by Hon’ble Apex Court in t he Case of SATENDER KUMAR ANTI L ( supra) and HUSSAI N & ANR. V/ S UNI ON OF I NDI A & ORS. ( 2017) 5 SCC 702 while considering t he bail applicat ions of t rials t o conclude t he pet it ioners and norm ally as per t he Hon'ble Suprem e Court in t he case of HUSSAI N & ANR. ( supra) ; any non- com pliance shall be deem ed t o cont rary of t he guidelines of Hon’ble Apex Court and as well as violat ive under Art icle 141 of t he Const it ut ion of I ndia. t he Magist erial t he direct ion issued by I ssue a writ , order or direct ion or any ot her ( iv) . appropriat e writ com m anding and direct ing t he respondent no. 1 t o 3 t o ensure t o fully com ply wit h t he guidelines issued in above- m ent ioned cases and if not com plied fully, are expect ed t o be com plied wit h in order t o prevent incarcerat ion of undert rials, and t o uphold t he inviolable principle of presum pt ion of innocence unt il proven guilt y as ruled out in t he case of SATENDER KUMAR ANTI L ( Supra) .”

3. The allegat ions are of cheat ing m ult iple m em bers of t he societ y and, in t hat view, individual sufferers have lodged separat e com plaint s.

4. Be t hat as it m ay, t he issue of clubbing of t he FI Rs, et c. can be considered at a lat er point of t im e at t he t im e of charge- sheet by t he prosecut ion.

5. I t is subm it t ed by t he learned Deput y Advocat e General t hat pet it ioners have been enlarged on bail in 2 all t he cases and are no longer in cust ody in any of t he prisons in t he St at e.

6. I n t hat view, t he relief wit h regard t o enlarging t he pet it ioners on bail does not survive.

7. Placing t he subm issions of t he Deput y Advocat e General on record, pet it ion st ands disposed of. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 02 nd July, 2025 UJJWAL 3