GULSHAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The inherent jurisdiction of this Court under Section 482 of Cr.P.C has been invoked by the applicant as the applicant is aggrieved by the order dated 03.06.2016 passed under Section 82 of Cr.P.C., where one Arjun Singh Chauhan, who is the son of the present applicant has been declared absconder.

(2.) The facts of the present case are that the son of the applicant, who is declared absconder was married to respondent no. 4 on 11.05.2015 and thereafter there appears to be some matrimonial discord. The brother of respondent no. 4 moved an application under Section 156 (3) CrPC before the learned Magistrate and subsequently thereafter a First Information Report was lodged by respondent no. 4, which has been registered as Case Crime No. 80 of 2016 under Sections 323/504/506/342/498-A of I.P.C. Although the present applicant has already been given protection from this Court vide order dated 08.04.2016 passed in Criminal Writ Petition No. 421 of 2016, the son of the applicant is presently absconding. Consequently, on an application moved by the Investigating Officer, an order has been passed under Section 82 of CrPC and it has been pasted at the house of the present applicant.

(3.) The case of the applicant is that she has already disowned the applicant by way of publication issued in the newspaper on 17.12.2015. In any case, the applicant is living separately and the house where the proclamation order is pasted is not the house of the alleged absconder. Now, the present applicant fears that at any time, there will be an order of attachment under Section 83 of Cr.P.C. and she will be rendered homeless.