Uttarakhand High Court
Ranjana Kakkar And Others vs State Of Uttarakhand And Others on 11 March, 2016
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No.297 of 2016
Ranjana Kakkar & others .......Petitioners
Versus
State of Uttarakhand and others ... Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. V.P. Bahuguna, Advocate for the petitioners, Mr. P.S. Saun, learned Dy. Advocate General assisted by Ms. Mamta Joshi, Brief Holder present for the State.
A First Information Report has been lodged by the respondent No.3 which has been registered as Case Crime No.294 of 2015 under Sections 498A IPC & Section 3/4 of Dowry Prohibition Act at Police Station Dalanwala, District Dehradun implicating the present petitioners. Apprehending their arrest, the petitioners have approached this Court for relief.
According to the petitioners, the respondent No.3 was married to the petitioner No.4 on 08.05.2014. There are allegations of demand of dowry, harassment and torture etc. There is a matrimonial discord.
A statement has been given by learned State counsel before this Court that as of now charge sheet has been filed only against petitioner No.4 who is the husband of respondent No.3. Nothing further needs to be done as far as petitioner No.4 is concerned.
Considering the overall fact and circumstances of the case and the fact that the maximum punishment in the above offences is seven years or less, a limited interference is called for in the matter.
Considering the nature of offence, 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 is concerned, the same shall be done under the procedure framed under Section 41 Cr.P.C. and Section 41A Cr.P.C. as well as 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, where strict guidelines have been given by the Hon'ble Apex Court regarding arrest and investigation in such matters.
It is made clear that this order shall remain operative till the filing of the charge sheet, in case of that event.
(Sudhanshu Dhulia, J.)
JKJ 11.03.2016