WPCRL/482/2022 of AMJAD Vs SENIOR SUPERINTENDENT OF POLICE HARIDWAR DISTRICT HARIDWAR STATE UTTARAKHAND
Parties
- Mr. V.S. Rathour, the learned A.G.A. for the State is directed to inform the concerned Investigating Officer regarding the above statement, given on behalf of the petitioner no.1 (PETITIONER)
- In view of the above, this Criminal Writ Petition (RESPONDENT)
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
24[TH ]MARCH, 2022
CRIMINAL WRIT PETITION NO.482 of 2022
Between:
Amjad and Others.
…Petitioners.
and
Senior Superintendent of Police, Haridwar and Others.
...Respondents.
Counsel for the Petitioners:
Mr. Rajveer Singh, learned counsel.
Counsel for the State/ : Mr. V.S. Rathour, learned Respondent nos. 1 & 2. A.G.A. assisted by Sachin Panwar, Brief Holder for the State.
Mr. V.S. Rathour, learned
learned
Hon’ble Alok Kumar Verma, J.
This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue writ of certiorari to quash the impugned First Information Report No.0212 of 2022, registered with Police Station Manglaur, District Haridwar for the offence under Sections 323, 354, 498A, 506 of IPC and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
2. Heard Mr. Rajveer Singh, the learned counsel for the petitioners and Mr. V.S. Rathour, the learned
A.G.A. assisted by Mr. Sachin Panwar, the learned Brief Holder for the State.
3. Mr. Rajveer Singh, the learned counsel for the petitioners submitted that an instruction has been received from the petitioner no.1-Amjad to the effect that the respondent no.3 Smt. Sabnoor, informant, is still his wife and it is wrong to say that the petitioner no.1 divorced his wife, Smt. Sabnoor.
4. Mr. V.S. Rathour, the learned A.G.A. for the State is directed to inform the concerned Investigating Officer regarding the above statement, given on behalf of the petitioner no.1.
5. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with direction to the Station House Officer, Police Station Manglaur, District Haridwar, the respondent no.2 and the Investigating Officer of this matter to follow the judgment of the Hon’ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and Another, before proceed to arrest the petitioners.
6. The learned counsel for the respondents has no objection on the above submission of the learned counsel for the petitioners.
In view of the above, this Criminal Writ Petition
No.482 of 2022 is disposed of with direction to the
Station House Officer, Police Station Manglaur, District Haridwar, the respondent no.2 and the Investigating Officer of this matter to follow the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another.
__________________
ALOK KUMAR VERMA, J.
Dt: 24[th] March, 2022 Neha