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2016 DIGILAW 667 (UTT)

Pallavi v. State of Uttarakhand

2016-09-30

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners pray for the following reliefs, among others: “(a) to issue a writ, order or direction in the nature of certiorari to quash the impugned FIR dated 18.05.2016 registered with ROP SIDCUL, Police Station Pant Nagar, District Rudrapur (U.S. Nagar) bearing Case Crime No. 42 of 2016 against them allegedly for offences under Section 306/34 of the Indian Penal Code, 1908. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents no. 2 not to arrest the petitioners in connection with the aforesaid case crime number during the pendency of the aforesaid writ petition before this Hon’ble Court.” 2. An FIR was lodged against the petitioners for the offences punishable under Section 306/34 of IPC. Learned counsel for the petitioners submitted that petitioner no. 1 is wife of the deceased/husband, petitioner no. 2 is father-in-law of the deceased and petitioner no. 3 is brother-in-law of the deceased. Learned counsel for the petitioners drew the attention of this Court towards Annexure-2, which is injury report of petitioner no. 1 to show that her husband beat her like anything. It appears that the deceased committed suicide in repentance. 3. Learned counsel for the petitioners placed Judgment of Hon’ble Apex Court in Mahendra Singh and another vs. State of M.P., reported in 1995 Supp (3) SCC 731, and Netai Dutta vs. State of W.B., reported in (2005) 2 SCC 659 , Sohan Raj Sharma vs. State of Haryana, 2008 AIR SCW 3202 and this Court also in Mahesh Yadav vs. State of Uttarakhand and another, reported in 2014 (1) U.D., 94 in which it was held that mere cruel or insulting behaviour cannot be taken to be an act of abetting suicide and the ingredients of Section 306 IPC, in such cases, are not made out. 4. Learned counsel for the petitioners argued that even if the entire facts of the first information report be conceded to be true, no offence as such against the petitioner is made out. 5. It is provided that the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of the information and material collected, that they have committed an offence. 5. It is provided that the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of the information and material collected, that they have committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipse dixit of the Police Officer. In other words, the petitioners shall be arrested only when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. 6. Needless to say that the Investigating Officer of the case shall abide by the aforesaid directions of Hon’ble Apex Court, before affecting the arrest of the petitioners. 7. Petitioners are directed to contact the Investigating Officer of the case on 07.10.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation. 8. It will be of no use keeping the present criminal writ petition pending for disposal, inasmuch as, the investigation is going on and ultimately, the investigation will come to its logical conclusion only under Section 173 of the Criminal Procedure Code either by a final report or by a charge sheet. The same is accordingly being disposed of at the admission stage itself with the consent of learned counsel for the parties. 9. In the given facts and circumstances of the present writ petition, this Court does not feel it necessary to issue notice to the private respondent. Still, liberty is granted to him to move for recall of this Order, if he feels aggrieved with the same. [Stay application no. 10249 of 2016 also stands disposed of.].