Supreme Court Grants Protection From Arrest To A Serving Major Of Indian Army

The Supreme Court on Thursday granted protection from arrest to a serving Major of the Indian Army in relation to a criminal matter registered against him at the instance of his wife.

An FIR under Sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty), 377 (Unnatural offences), 354 (assault or criminal force to women with intent to outrage her modesty), 506 (criminal intimidation) of Indian Penal Code and Section 4 of Dowry Prohibition Act was registered with the Women Police Station in Padav, Gwalior.

A Bench comprising Justice Dinesh Maheshwari & Justice Sudhanshu Dhulia ordered that "…chargesheet has already been filed and there appears no specific reason for any custodial interrogation of the petitioner, who is serving as Major in Indian Army, we are inclined to confirm the interim order as passed in this matter in the manner that the petitioner shall not be arrested in connection with FIR No.38 of 2021 and on his appearance, before the Trial Court he shall be released on bail on such terms and conditions as may be imposed by the Trial Court."

Senior Advocate Anjana Prakash appeared for the Appellant whereas Senior Advocate S.K. Gangele appeared for the Respondent.

It was argued on behalf of the petitioner that a false criminal case was registered against him by his wife in a domestic dispute. Initially, the dispute was reconciled, but later criminal complaint was lodged.

On the other hand, the wife also alleged that unnatural offences were committed repeatedly to outrage her modesty and dignity. Beside that, allegations of preparation of video clips were also levelled by the complainant.

Earlier, a Single-judge Bench of the Madhya Pradesh High Court had rejected the Indian Army Major's plea stating that looking to the nature of allegations and grievousness of offence involved, no case for anticipatory bail is made out.

However, the family members of the husband were granted anticipatory bail by the High Court.

Cause Title- Amit Pathak v. The State of Madhya Pradesh & Anr.

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