WPCRL/482/2022
2022 Latest Caselaw 903 UK

       IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                     24TH 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 Mr.
                               Sachin    Panwar,       learned
                               Brief Holder for the   State.




Hon'ble Alok Kumar Verma, J.

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a 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 a 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.

7. In view of the above, this Criminal Writ Petition No.482 of 2022 is disposed of with a 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: 24th March, 2022 Neha