IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.892 of 2011 Sindu Tyagi S/o S.K. Tyagi S/o Shri Mohar Chand R/o House No. 165, Bhagwati Colony, Behat Road, Tehsil District Saharanpur, Uttar Pradesh. ….…..Petitioner Versus 1- State of Uttarakhand through Secretary Home, Government of Uttarakhand, Dehradun. 2- S.H.O., of Police Station Kotwali, District Dehradun. 3- Smt. Supriya Tyagi D/o Shri Rajbeer Singh Tyagi, R/o 87/2-5 Tyagi Road, Dehradun. ……Respondents Mr. Bhupesh Kandpal, Advocate, present for the petitioner. Mr. S.S.Adhikari, A.G.A., present for the State. Mr. Prashant Khanna, Advocate, holding brief of Mr. R.P. Nautiyal, Advocate, present for the Complainant/respondent No.3 Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of First Information Report dated 08.09.2011, registered as F.I.R. No. 251 of 2011, relating to offences punishable under Section 498-A, 504, 506 of I.P.C. and one punishable under section 3/4 Dowry Prohibition Act, 1961, at Police Station-Kotwali, District-Dehradun. 3) Learned counsel for the petitioner submitted that the act of alleged demand of dowry etc. are said to have been 2 committed within the territorial jurisdiction of Saharanpur court, as such, cognizance can not be taken in district Dehradun. However, in view of the principle laid down in Sunita Kumari Kashyap Vs. State of Bihar & another, AIR 2011 Supreme Court Page 1674 at this stage, it is difficult to say whether the jurisdiction of Dehradun court is barred. There are specific incidents of cruelty narrated in the First Information Report against the husband (petitioner). 4) Having considered submissions of learned counsel for the parties, without expressing any opinion as to final merits in the matter, this Court is of the view that it is not a fit case for interference with the investigation of the case. Therefore the writ petition is dismissed summarily, with the observation that if the petitioner Sindhu Tyagi, surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 10747 of 2011, stands disposed of ). (Prafulla C. Pant, J.) 12.10.2011 JM