WPCRL/1219/2013 of Dilbar Singh Bisht AND ANOTHER Vs State Of Uttarakhand AND OTHERS

Court: Uttarakhand High Court
Decision date: 2013-10-21
Case number: 1219 of 2013

Parties

Ms. Meena Vohra, learned Brief Holder, present for the State/respondents no. 1 & 2 (PETITIONER)
U.C.Dhyani, J (RESPONDENT)

Cites (1 resolved of 2 detected)

PREETI GUPTA & ANOTHER versus STATE OF JHARKHAND & ANOTHER (2010)

Statutes cited (3)

constitution of india, article-226 (1950)
constitution of india (1950)
indian penal code (1860)

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WPCRL No. 1219 of 2013

Hon’ble U.C.Dhyani, J.

Mr. Sandeep Kothari, Advocate, present for

the petitioners.

Mr. P.S.Soun, learned AGA, along with

Ms. Meena Vohra, learned Brief Holder, present for the State/respondents no. 1 & 2.

The petitioners, who are respectively father -in-law and mother-in-law of respondent no. 3, by means of present writ petition moved under Article 226 of the constitution of India, seek to issue writ in the nature of certiorari for quashing the FIR dated 23.09.2013 in Case Crime No. 232 of 2013, under Section 498-A of IPC, registered at Police Station Cantt., District Dehradun.

At the very outset, learned counsel for the petitioners did not press the main relief and instead, made prayer that the bail application (s) of the petitioners be decided on the same day.

The allegations leveled against the petitioners are general and sweeping in nature. The main allegations are leveled against the husband (of respondent no. 3), who has already been enlarged on bail. Considering the facts and attenuating circumstances of the case and also the ruling of Preeti Gupta and another vs. State of Jharkhand and another, (2010) 7 SCC 667, in which Hon’ble Apex Court has observed that the tendency of implicating the husband and all his immediate relatives in matrimonial cases is not uncommon, the innocuous prayer made by the learned counsel for the petitioners is worth accepting.

Criminal Writ Petition is accordingly disposed of with the direction upon the concerned Judicial Magistrate, Dehrudun to decide the bail application (s) of the petitioners on the same day, subject to their surrender.

(U.C.Dhyani, J.)

21.10.2013

Kaushal