WPCRL/383/2022 of JAHEERA Vs STATE OF UTTARAKHAND
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- Jaheera and others (PETITIONER)
- State of Uttarakhand and others ..… (RESPONDENT)
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No.383 of 2022
Jaheera and others
…....... Petitioners
State of Uttarakhand and others ..…...... Respondents
Mr. Gaurav Singh, Advocate for the petitioners. Mr. Lalit Miglani, A.G.A. for the State.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
In this petition, challenge is made to the FIR No.457 of 2021, under Sections 377, 498-A, 323, 504, 380 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Jwalapur, District Haridwar and also directions that they may also not be arrested pursuant to the FIR.
2. Heard learned counsel for the parties and perused the record.
3. FIR has been lodged by the respondent no.3, (for short, “the victim”) against her husband and the petitioners. According to the FIR, soon after marriage, the husband of the victim, who is co-accused, harassed and treated the victim cruelly; he would force her to have
physical relations against the course of nature. There are allegations of demand of dowry and harassment, as well.
4. Learned counsel for the petitioners would submit that the husband of the victim has already been arrested. Petitioners apprehend that they may be arrested by the Investigating Officer without following the directions of the Hon’ble Supreme Court, given in the case of Arnesh Kumar vs. State of Bihar and another, (2014)8 SCC 273.
5. Learned counsel for the petitioners would submit that directions may be given to the Investigating Officer that he should follow the directions of the Hon’ble Supreme Court given in the case of Arnesh Kumar (supra).
6. In the case of Arnesh Kumar (supra), the Hon’ble Supreme Court has laid down the guidelines to the Investigating Officers and Magistrates in the case of arrests and remands. In paragraph 11 of the judgment the principle has been laid down.
7. Directions have been laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar (supra). In order to enforce such directions, this Court
need not pass further directions. Undoubtedly, the directions of the Hon’ble Supreme Court are law of the land and they are required to be followed in letter and spirit.
8. With these observations, the writ petition stands disposed of.
(Ravindra Maithani, J.)
07.03.2022
Sanjay