PURAN CHANDRA KANDPAL S/O PANDEV KANDPAL AND SANJAY KANDPAL S/O PURAN CHANDRA KANDPAL Vs. STATE OF UTTARAKHAND THROUGH SECRETARY OF HOME,

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Article 226 of Constitution of India, the petitioners have sought writ in the nature of certiorari for quashing the first information report dated 29.11.2010 (FIR No. 816 of 2010) relating to offences punishable under Section 498A, 304B IPC, and one punishable under section 3/4 of Dowry Prohibition Act, 1961, Police Station Someshwara, District Almora.

(3.) LEARNED Counsel for the petitioners drew attention of this Court to the dying declaration (copy of which is Annex. 1 to the supplementary affidavit) in which deceased had not named anyone for her death. However, on behalf of the complainant, and the State it is contended that the deceased had died unnatural death within a period of seven years of her marriage, and it is alleged by the complainant (father of the deceased) that demand of dowry was made by the husband and in laws.