NASIM AHMAD Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-3-194
HIGH COURT OF UTTARAKHAND
Decided on March 22,2013

NASIM AHMAD Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (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 date.;


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