HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No.383 of 2022

Jaheera and others

…....... Petitioners

Vs.

State of Uttarakhand and others ..…...... Respondents

Mr. Gaurav Singh, Advocate for the petitioners.

Mr. Lalit Miglani, A.G.A. for the State.

JUDGMENT

Hon’ble Ravindra Maithani, J. (Oral)

In this petition, challenge is made to the FIR

No.457 of 2021, under Sections 377, 498-A, 323, 504,

380 IPC and Sections 3/4 of the Dowry Prohibition Act,

1961, Police Station Kotwali Jwalapur, District Haridwar

and also directions that they may also not be arrested

pursuant to the FIR.

2.

Heard learned counsel for the parties and

perused the record.

3.

FIR has been lodged by the respondent no.3,

(for short, “the victim”) against her husband and the

petitioners. According to the FIR, soon after marriage, the

husband of the victim, who is co-accused, harassed and

treated the victim cruelly; he would force her to have

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physical relations against the course of nature. There are

allegations of demand of dowry and harassment, as well.

4.

Learned counsel for the petitioners would

submit that the husband of the victim has already been

arrested. Petitioners apprehend that they may be arrested

by

the Investigating

Officer

without

following

the

directions of the Hon’ble Supreme Court, given in the case

of Arnesh Kumar vs. State of Bihar and another, (2014)8

SCC 273.

5.

Learned counsel for the petitioners would

submit that directions may be given to the Investigating

Officer that he should follow the directions of the Hon’ble

Supreme Court given in the case of Arnesh Kumar

(supra).

6.

In the case of Arnesh Kumar (supra), the

Hon’ble Supreme Court has laid down the guidelines to

the Investigating Officers and Magistrates in the case of

arrests and remands. In paragraph 11 of the judgment

the principle has been laid down.

7.

Directions have been laid down by the

Hon’ble Supreme Court in the case of Arnesh Kumar

(supra). In order to enforce such directions, this Court

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need not pass further directions. Undoubtedly, the

directions of the Hon’ble Supreme Court are law of the

land and they are required to be followed in letter and

spirit.

8.

With these observations, the writ petition

stands disposed of.

(Ravindra Maithani, J.)

07.03.2022

Sanjay