NASIM AHMAD Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) By means of this petition moved under Section 482 Cr. P.C.,
the applicant/petitioner seeks to quash the impugned order
dated 28.02.2013 passed by the 1st Additional Civil Judge,
(J.D.), Dehradun in case crime no. 79 of 2012 captioned as
State vs. Tanveer etc. under Section 498-A IPC and Section
Dowry Prohibition Act, whereby learned Magistrate has
proceeded under Section 82 Cr.P.C. against the applicant's son
at applicant's address.
(2.) A first information report being case crime no. 79 of 2012
under Section 498-A IPC and Section Dowry Prohibition
Act, PS Clementown, District Dehradun was lodged at the
instance of respondent no. 2 Smt. Israna wife of Tanveer
Ahmad. The investigation is going on. This High Court was
pleased to stay the arrest of Siraj Anwar , brother-in-law; Smt.
Tarannum, sister-in-law; Guddu, brother-in-law; Smt.
Shabnam, sister-in-law; Smt. Mehtab, mother-in-law and
Babli alias Anjum, sister-in-law of the victim. The husband of
respondent no. 2 and the present applicant did not move
criminal writ petition under Article 226 of Constitution of
India. It is submitted by the learned counsel for the applicant
that the applicant Nasim Ahmad, who is father-in-law of
respondent no. 2, is not wanted by the police in this case.
Learned counsel drew the attention of this Court towards
annexure 4, which is the Proclamation issued under Section 82
Cr.P.C. against the husband of respondent no. 2.
(3.) The contention of the learned counsel for the petitioner is that
the proclamation against Tanveer Ahmad, the husband of
respondent no. 2 cannot be issued at the address of the present
applicant. Learned counsel further submitted that Tanveer
Ahmad is residing in Jalandhar, Punjab where he is running a
barber shop. Tanveer Ahmad has no concern with the property
of present applicant Naseem Ahmad. Learned counsel also
brought to the notice of this Court that the next date fixed
before the court below is 28th March, 2013 and he will inform
the address of Tanveer Ahmad to the court below on the next
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