WPCRL/322/2022
2022 Latest Caselaw 472 UK

                      Office Notes,
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      02.03.2022                        WPCRL No.322 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This criminal writ petition has been filed under Article 226 of the Constitution of India with a prayer to issue a writ of certiorari to quash the impugned First Information Report No.0178 of 2021, registered with Police Station Basant Vihar, District Dehradun; stay the arrest of the petitioner during the pendency of the present writ petition.

Heard Mr. Piyush Garg, learned counsel for the petitioner and Mr. Pratiroop Pandey, learned Asst.G.A for the State.

Issue notice to the respondent no.4. Steps to be taken within three days. Mr. Piyush Garg, the learned counsel for the petitioner, submitted that the First Information Report was lodged against the petitioner under Sections 498A, 494, 377, 323, 504 and 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961. However, subsequently, the said sections have been amended to Section 375 (4), 376, 493, 496, 420, 504, 506, 498A and 495 of IPC.

Mr. Piyush Garg, learned counsel for the petitioner further submitted that according to the First Information Report, the marriage of the victim/informant was solemnized with the petitioner on 24.08.2020 and after marriage, she came to know that the petitioner had already married with one Himani.

Learned counsel for the petitioner argued that even after knowing the said facts, the informant was residing with the petitioner with her free will and the offence under Section 495 and 496 are non cognizable.

Learned counsel for the petitioner also relied upon a judgment of the Hon'ble Supreme Court in Karan Singh Tyagi vs. State of Uttar Pradesh and others, (2018) 12 SCC 625.

Learned counsel appearing for the State requested four weeks' time to file counter affidavit.

On the request of the learned counsel for both the parties, post on 26.04.2022. Till then, in the facts and circumstances of the case and after considering the submissions of the learned counsel for the parties, it is directed that no coercive action shall be taken against the petitioner-Sarthak Verma, provided the petitioner shall cooperate with the Investigating Officer, he will be available for interrogation by the Investigating Agency and he will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. It is clarified that no adjournment shall be granted on the demand of the petitioner on the next date of listing.

It is also clarified that if the petitioner misuses or violates any of the conditions, imposed upon him, the Investigating Officer will be free to move the Court for vacation of stay order.

Stay Application (IA) No.01 of 2022 is disposed of accordingly.

(Alok Kumar Verma, J.) 02.03.2022

Nahid