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Uttarakhand High Court · body

2016 DIGILAW 17 (UTT)

Parvez v. State of Uttarakhand

2016-01-13

SUDHANSHU DHULIA

body2016
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Rajveer Singh, Advocate for the petitioners. 2. Mr. K.S. Rautela, learned Government Advocate assisted by Ms. Mamta Joshi, learned Brief Holder for the State of Uttarakhand/respondent nos. 1 and 2. 3. This Court finds that the matter is urgent, hence heard on admission. 4. An FIR has been lodged by respondent no. 3 against the petitioner no. 1 under Section 366 of IPC at Police Station Piran Kaliyar, District- Haridwar. Apprehending his arrest, petitioner no.1 has approached this Court for relief. 5. Petitioner no. 1 and petitioner no. 2 (who is the daughter of respondent no. 3/complainant) are present in person before this Court state that they were married on 25.11.2015. 6. Considering the fact that petitioner no.1 has now married to the daughter of the complainant and they are living as husband and wife, an interference is presently being called for by this Court in the matter. 7. As an interim measure, it is provided that petitioner no. 1 shall not be arrested nor any coercive measures shall be taken against him in pursuance of FIR/Case Crime No. 131 of 2015 under Section 366 of IPC at Police Station Piran Kaliyar, District- Haridwar, till the next date of listing when it will be listed before the regular Court. 8. Learned State counsel has accepted notices on behalf of respondent nos. 1 and 2. 9. Issue notice to the respondent no. 3. Steps to be taken within a week. 10. Respondents shall file their counter affidavits within a period of three weeks. 11. List this matter on 25.02.2016 in the daily cause list. 12. Stay application (CLMA No.506 of 2016) as well as Urgency application (IA NO.220 of 2016) stand disposed accordingly.