LAWS(UTN)-2014-8-93

PARWATI DEVI Vs. STATE OF UTTARAKHAND & OTHERS

Decided On August 12, 2014
PARWATI DEVI Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) The appellant called in question a common judgment of a learned Single Judge of this Court, by which Writ Petition (Criminal) No. 648 of 2014 filed by the appellant was dismissed and Writ Petition (Criminal) No. 568 of 2014 filed by the party respondent, namely, Vikas Kumar was allowed and the First Information Report lodged against him was quashed.

(2.) As far as Writ Petition (Criminal) No. 648 of 2014 is concerned, appellant, who is the petitioner, approached this Court complaining that her minor daughter was kidnapped by respondent Vikas Kumar. A First Information Report was lodged. It is her case that respondent Vikas Kumar forged a few documents claiming that he had married her minor daughter. There was a reference to a writ petition filed for police protection by the party respondent, wherein an interim order was sought. The prayer made in Writ Petition (Criminal) No. 648 of 2014 was as follows:

(3.) As far as Writ Petition (Criminal) No. 568 of 2014 is concerned, therein the party respondent, namely, the person against whom the allegation of kidnapping was raised by the appellant in relation to her daughter, sought the relief of certiorari to quash the First Information Report dated 12th April, 2014 of Case Crime No. 291 of 2014 under Section 363 of the Indian Penal Code, Police Station Kotwali, District Haridwar, lodged against him and not to arrest him on the basis of the impugned First Information Report.