Disposed

Dr. Rahul Chauhan and Others v. State Of Uttarakhand and Others

Uttarakhand HC22 Nov 2016WPCRL/1403/2016

Case brief

AI extract

What is this about?

The court disposed of a writ petition concerning allegations under 498-A IPC and Dowry Prohibition Act. It directed the police to adhere to the Arnesh Kumar guidelines before arresting petitioners, allowing contact only for interrogation, and closed the petition at the admission stage with consent.

What did the court decide?

Interim order forbidding coercive measures applied; cases cited to be followed; criminal writ petition disposed of at admission stage.

Dr. Rahul Chauhan and Others Vs State Of… — Criminal Trial and Appeal | Uttarakhand HC (2016)

¶1

WPCRL No. 1403 of 2016 U.C.Dhyani, J.

¶2

Mr. B. S. Adhikari, Advocate, present for the writ petitioners.

¶3

Mr. A. S. Gill, learned Deputy Advocate General, assisted by Mr. Milind Raj, Brief Holder, present for the State/respondents.

¶4

Mr. S. K. Shandilya, Advocate, present for the respondent no.3.

¶5

An FIR has been lodged against the petitioners registered as Case Crime No. 327 of 2016, for the offences punishable under Sections 498-A, 323 of IPC and Section ¾ of the Dowry Prohibition Act, at Police Station Gang Nahar, District Haridwar.

¶6

Heard learned counsel for the petitioners learned counsel for the State and perused the documents brought on record.

¶7

Earlier on filing of WPCRL No. 1403 of 2016, vide order dated 20.10.2016 an interim order was passed to this effect.

¶8

“The offences complained of against the petitioners are covered by a judgment of Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another , reported in ( 2014) 8 Supreme Court Cases 273 .

¶9

It is accordingly directed that no coercive measures shall be adopted against the petitioners during the course of investigation and interrogation by the investigating officer.”

¶10

Petitioner no. 1 is the husband, petitioner no. 2 is father-in-law and petitioner no. 3 is mother-in-law of the victim.

¶11

In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 273 , the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that they have committed an offence. Before making arrest, the Investigating Officer is required to satisfy

¶12

himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipse dixit of the Police Officer. In other words, the petitioners shall be arrested only when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied.

¶13

Needless to say that the Investigating Officer of the case shall abide by the aforesaid directions of Hon’ble Apex Court, before affecting the arrest, if any, of the petitioners.

¶14

Petitioners are directed to contact the Investigating Officer of the case on 29.11.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation.

¶15

When the investigation of the case will be conducted, it will either culminate into filing of the charge-sheet or submission of final report. This Court has no occasion to interfere in the investigation in between.

¶16

Therefore, it will be of no use keeping the present criminal writ petition pending. Criminal Writ Petition is, accordingly, disposed of at the admission stage itself, with the consent of learned counsel for the parties.

¶17

Kaushal

Dr. Rahul Chauhan and Others v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

Dr. Rahul Chauhan and Others v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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