AMIT VERMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) HEARD learned counsel for the parties.
For the reasons stated, the Urgency Application is
(2.) HEARD learned counsel for the parties.
Admit the writ petition.
(3.) NOTICES on behalf of respondent nos. 1 and 2 are accepted by learned A.G.A. for the State who prays for and
is granted three weeks' time to file counter affidavit. List
this petition in the week commencing 4th March, 2013
alongwith WPCRL No. 1182/2012.
6. Issue notice to respondent no. 3 returnable at an early date. The respondent no.3 may also file counter
affidavit within the same period of three weeks.
7. Learned counsel for the petitioner submitted that complainant is legally wedded wife of the petitioner. Two
children were born out of the wedlock. It is submitted that
due to some misunderstanding in between the couple,
family discord arose in between the couple, which
resulted into the lodging of the instant first information
report. It is submitted that the complainant has lodged
the said F.I.R. against entire family of the petitioner,
which is an abuse of process of law. One of the accused
persons is a woman, who is suffering from heart ailments
and is undergoing medical treatment. It is further
submitted that the petitioner intended to keep his wife
and children with him and wants to live peacefully in
future and for the very purpose the petitioner will take
fruitful steps on his part.
8. Having heard learned counsel for the parties and after going through the papers on record, as an interim
measure, it is directed that till next date of listing, no
coercive measures shall be taken against the petitioner in
connection with the F.I.R. dated 08.12.2012 registered at
Police Station Gangnahar, District Haridwar as case crime
no. 376 of 2012 relating to offences punishable under
Section 498-A and 323 I.P.C., provided he cooperates
with the investigation agency in the investigation of the
case. In case, the petitioner does not cooperate in the
investigation, it would be open for the prosecution to
move interim order vacation application before this Court.
Stay application stands disposed of, accordingly.;
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