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Judgment
Sanjaya Kumar Mishra, J
Heard learned counsel for the parties.
Learned counsel for the State Ms. Manisha Rana would submit that she has instructions that offence under Section 313 IPC has been deleted from the FIR against the applicant. At present, the case against the petitioner is under Sections 323, 354, 498-A and Section ¾ of the Dowry Prohibition Act. She would further submit that the petitioners have been served with a notice under Section 41 (a) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”).
We have emphatically examined the FIR and the allegations made are only against the husband and brother-in-law (jeth). There is no allegation of Section 313 IPC. Since the Investigating Officer is proceeding as per Section 41 (A) of the Code, learned counsel for the petitioner would submit that the writ petition may be disposed of.
The writ application is disposed of accordingly. However, we hope and trust that the Station House Officer, Dehradun will act strictly in accordance with law.
Let a certified copy of this order be supplied to learned counsel for the writ applicant today itself. A free copy be also given to Ms. Manisha Rana, learned AGA.