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2016 DIGILAW 280 (UTT)

ISRAR v. STATE OF UTTARAKHAND

2016-06-29

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. 1. Mr. Gaurav Singh, Advocate, present for the petitioners. 2. Mr. A.S.Gill, Deputy Advocate General, with Mr. Milind Raj, 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. 146 of 2016, under Sections 323/498A of IPC and under Section 3/4 of the Dowry Prohibition Act, at Police Station-Ranipur, District-Haridwar against the petitioners. Apprehending their arrest, the petitioners have approached this Court for relief. 4. The First Information Report was lodged by respondent no. 3 against her husband and other in-laws. The petitioner nos. 2, 3 and 4 are mother-in-law, father-in-law and sister-in-law of the respondent no. 3 respectively. The marriage of petitioner no. 1 with respondent no. 3 was solemnized on 14.02.2012 as per Muslim rites and rituals. There are allegations of demand of dowry, cruelty etc. 5. Considering the above facts and circumstances of the case as well as the nature of offences and since the maximum punishment in these offences is seven years or less, a limited interference is called for in the matter. 6. 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 petitioners in the investigation, but as far as the arrest of the petitioners are 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 . 7. It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.