IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (Criminal) No. 1696 of 2022

Abdurrahman and others .....…….

Petitioners

versus

State of Uttarakhand & others...…………. Respondents

Mr. Mohd. Safdar, learned counsel for the writ applicants.

Mr. J. S. Virk, learned Deputy Advocate General assisted by Ms.

Manisha Rana, learned AGA for the State.

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Judgement dated: 07.09.2022

Hon’ble Sanjaya Kumar Mishra, J.

Upon hearing the learned counsels, the Court made the

following Order.

1.

By filing the writ application, the petitioners

have prayed for the following reliefs:

(i) Issue a writ, order or direction in the nature

of Certiorari quashing the impugned FIR dated

27.08.2022 registered as Case Crime No. 801

of 2022 under Sections 498-A, 323 IPC and

Section ¾ of the Dowry Prohibition Act and

Section ¾ of the Muslim Women (Protection of

Rights

on

Marriage)

Act,

2019,

PS

Bhagwanpur, District Haridwar.

(ii) Issue a writ, order or direction in the nature of

mandamus commanding the respondents not

to arrest the petitioner in Case Crime No. 801

of 2022 under Sections 498-A, 323 IPC and

Section ¾ of the Dowry Prohibition Act and

2

Section ¾ of the Muslim Women (Protection of

Rights

on

Marriage)

Act,

2019,

PS

Bhagwanpur,

District

Haridwar,

till

the

pendency of the present petition. ”

2.

It is not disputed that none of the offences

registered against the present petitioners is

punishable with the imprisonment of exceeding

7 years.

3.

Having heard the learned counsel for the

petitioners, this Court is of the firm opinion

that the petitioners actually do not want to

quash the FIR, but they want the protection of

Section 41 and 41A of the Code of Criminal

Procedure, 1973, and the ratio decided by the

Hon’ble Supreme Court in Arnesh Kumar vs.

State of Bihar, (2014) 8 SCC 273.

4.

This Court is at pains to observe that repeatedly

this kind of apprehension is being shown by the

petitioners, which is leading to filing of cases

under Sections 482 of the Code or under Article

226 of the Constitution of India. When the

Hon’ble Supreme Court in Arnesh Kumar

(supra) in a very clear term has given the

directives to follow Section 41 and 41A of the

Code, we do not understand why the Police is

not following the same and repeatedly we have

to pass the Orders. In order to obviate such

further repetition of such unnecessary arrest as

prescribed under Section 41 and 41A of the

Code, this Court hereby directs that the

Advocate General of the State should circulate a

3

copy of this Order and copy of the judgment

rendered by the Hon’ble Supreme Court in

Arnesh

Kumar

(surpa),

to

the

Senior

Superintendant of Police of each and every

District through the Director General of Police,

Uttarakhand. If we find any further violation of

Section 41 and 41A of the Code and the ratio

decided by the Hon’ble Supreme Court in

Arnesh Kumar (supra) then appropriate Orders

including the Contempt of Court shall be

passed.

5.

With such observations, the writ application is

disposed of.

6.

Let a copy of this Order be supplied to the

learned Deputy Advocate General Mr. J.S.Virk,

for early compliance.

(S.K.Mishra, J.)

(Grant urgent copy of this order as per Rules)

Kaushal