Uttarakhand High Court
Jaiveer Singh & Others vs State Of Uttarakhand & Others on 21 July, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
WPCRL No.860 of 2015 Hon'ble Sudhanshu Dhulia, J.
Mr. S.K. Mandal, Advocate present for the petitioners.
Mr. P.S. Saun, learned Dy. Advocate General assisted by Mr. Kuldeep Singh, Brief Holder has accepted notices on behalf of respondent Nos.1 to 3. A First Information Report has been lodged by respondent No.4, which has registered as F.I.R. No.136 of 2015 under Section 3/4 Dowry Prohibition Act, at Police Station- Khatima, District Udham Singh Nagar implicating the present petitioners. Considering the nature of the offence, an interference of this Court is presently called for in this matter.
As an interim measure, it is provided that though the investigation may go on against the petitioners, but petitioners shall not be arrested nor any coercive measures shall be taken against them till the next date of listing or till the filing of the charge sheet whichever is earlier, in pursuance of F.I.R. No.136 of 2015 under Section 3/4 Dowry Prohibition Act, at Police Station- Khatima, District Udham Singh Nagar.
Issue notice to respondent No.4. Steps to be taken within a week.
Respondents shall file counter affidavit within three weeks.
List this petition after four weeks. However, it is made clear that the above relief is subject to the cooperation of the petitioners in the investigation. In case, the petitioners do not cooperate in the investigation, it will be duty of the respondents to bring this fact to the notice of this Court so that appropriate orders be passed. Stay application stands disposed accordingly.
(Sudhanshu Dhulia, J.)
JKJ 21.07.2015