Uttarakhand High Court
(Crl) 664 Bhagwan Das vs Kartar Singh on 14 February, 2014
Author: V.K. Bist
Bench: V.K. Bist
WPCRL No. 120 of 2014 Hon'ble V.K. Bist, J. Mr. Rajendra Dobhal, Sr. Advocate, assisted by Mr. Rajesh Joshi, Advocate, present for the petitioners. Mr. M.A. Khan, A.G.A., with Mr. K.S. Rangarh, Brief Holder, present for the State. Heard. Learned Senior Counsel for the petitioners relied upon the judgment of Hon'ble Apex Court reported in 2008 (1)SCC (Crl) 664 Bhagwan Das vs. Kartar Singh , where the Hon'ble Apex Court has held that on the basis of mere harassment of wife by husband due to differences per se does not attracts Section 306 read with section 107 IPC, if the wife commits suicide. By relying upon the Hon'ble Apex Court's order, learned Sr. Advocate prays for stay of the investigation. Before passing order on stay application counter affidavit is necessary. Therefore, ten days' time is granted to the State for filing counter affidavit. Notice be issued to respondent no. 3
fixing 26.02.2014. List on 26.02.2014.
(V.K. Bist, J.) Parul 14.02.2014