Uttarakhand High Court
Kunwar Singh S/O Late Narayan Singh vs State Of Uttarakhand on 25 April, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Writ Petition No. 346 of 2012
1. Kunwar Singh S/o Late Narayan Singh
2. Hemant Singh S/o Late Narayan Singh
3. Smt. Kaushaliya Devi W/o Late Narayan Singh
4. Kiran D/o Late Narayan Singh
All R/o Village Khaniya, P.O. Pantkotali, Tehsil
Ranikhet, District Almora.
.........Petitioners
Versus
1- State of Uttarakhand, through Secretary Home,
Affaris.
2- S.H.O. P.S. Ranikhet, District Almora.
3- Hema Rawat W/o Shri Rajendra Singh Rawat R/o
Village Khaniya, P.O. Pantkotali, Tehsil Ranikhet,
District-Almora.
......Respondents
Mr. B.M. Pingal, Advocate, present for the petitioners.
Mr. S.S. Adhikari, A.G.A., present for the State.
Mr. M.S. Bisht, Advocate, present for the complainant (Smt. Hema Rawat,
respondent no. 3).
Hon'ble Prafulla C. Pant, J.
Heard.
2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioners have sought quashing the First Information Report dated 19.04.2012 registered as Crime no. 06 of 2012, relating to offences punishable under Section 498-A, 323, 504, and 506 of I.P.C., and ¾ of Dowry Prohibition Act, 1961, at Police Station Ranikhet, District-Almora.
3) Petitioner no. 1 and petitioner no. 2 are brothers-in- law (JETHS), petitioner no. 3 is mother-in-law and 2 petitioner no. 4 is sister-in-law (NAND) of the respondent no. 3 Hema Rawat.
4) The first information report discloses that all allegations of cruelty are made against the husband, not against the present petitioners. It is also pointed out that the marriage of petitioner no. 4 is scheduled to be held on 26.04.2012. It is argued that as against the petitioners the impugned First Information Report is abuse of process of law.
5) Admit the petition. 6) Learned counsel for the State, and learned counsel for
the complainant pray for, and are allowed six weeks time to file the counter affidavit.
7) Having considered the submissions of the learned counsel for the petitioners, learned counsel for the State, and learned counsel for the complainant as an interim measure, it is directed that petitioners namely Kunwar Singh, Hemant Singh, Smt. Kaushaliya Devi, and Kiran shall not be arrested in connection with aforesaid case crime no. 06 of 2012 registered at police station Ranikhet, District-Almora, during investigation provided they co- operate with the investigating agency (Stay application no. 3745 stands disposed of).
8) List after six weeks.
(Prafulla C. Pant, J.)
25.04.2012
mamta