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2022 Supreme(UK) 442

SANJAYA KUMAR MISHRA
Shahanavaz – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
Devesh Bishnoi, Advocate, J.S. Virk, Advocate, Rakesh Kumar Joshi, Advocate

JUDGMENT

Sanjaya Kumar Mishra, J. - By filing this writ petition, the petitioners have prayed for the relief:

    'i. Issue a writ, order or direction in the nature of Certiorari to quash the impugned FIR bearing registration no. 1264 of 2022 registered on 03.11.2022 at police station Mangalaur, District Haridwar, under Section 498A, 506, 354, 376 (2) (N) and 376 IPC.

    ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 1 and 2 not to arrest the petitioners during the period of investigation in impugned FIR bearing registration no. 1264 of 2022 registered on 03.11.2022 at police station Mangalaur, District Haridwar, under Section 498A, 506, 354, 376 (2) (N) and 376 IPC.'

    2. It is not disputed that respondent no. 3 happens to be the wife of petitioner no. 1. She alleges that she has been tortured for dowry, her modesty has been outraged, she has been threatened by the petitioners and there is also allegation that her father-in law and brothers-in-law had committed sexual intercourse with her, leading to file an FIR under Section 376 (2) (N) of the Indian Penal Code, 1860. Moreover, there is allegation that in the year 2021, she has been raped by Naush

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