High CourtsSingle Bench(2017) 06 UK CK 0015

Sunil & Ors. vs State of Uttarakhand & Ors.

Uttarakhand High Court · Decided on 6 June 2017

HON’BLE JUDGES
V.K. Bist
RESULT
Dismissed
CASE NUMBER
719 of 2017

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 291 words
1.

Petitioners have approached this Court seeking the following reliefs:-

"(i)Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 18.04.2017 being case crime no.131 of 2017, u/s 364 IPC lodged by respondent no.3 at P.S. Jhabrera, District Haridwar against the petitioners (Annexure No.3 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos.1 & 2 not to arrest the petitioners in connection with the impugned F.I.R. dated 18.04.2017 being case crime no.131 of 2017, u/s 364 IPC lodged by respondent no.3 at P.S. Jhabrera, District Haridwar against the petitioners (Annexure No.3 to this writ petition)".

2.

On 18.04.2017, respondent no.3 lodged a missing report of respondent no.4 at Police Station Jhabrera, District Haridwar. According to the averments made in the writ petition, petitioner no.1 and respondent no.4 were in love and on 25.4.2017 they got married at Arya Samaj Mandir Patelnagar, Saharanpur. It is alleged in the writ petition that respondent no.3 was against the marriage of petitioner no.1 and his daughter and therefore he lodged a false missing report just to implicate the petitioners.

3.

Vide order dated 16.05.2017, this Court stayed the arrest of the petitioners on the condition that the petitioners will cooperate with the Investigating Agency in the investigation of the case. However, it is submitted by learned Deputy Advocate General that the petitioners are not appearing before the Investigating Officer and are not cooperating in the investigation of the case.

4.

Though, Mr. Gaurav Singh, Advocate appeared for the petitioner, but, he submitted that he has no instructions in the matter.

5.

In the above circumstances, the writ petition is dismissed for non-prosecution. Interim order dated 16.05.2017 is hereby vacated.