Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 1433 of 2010 Petitioner :- Ashutosh Pandey & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Mukesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed for quashing the F.I.R.s giving rise to Case
Crime No.1495 of 2009, under Sections 498A, 323, 504, 506 I.P.C. and 3/4
Dowry Prohibition Act, P.S. Kotwali City, district Azamgarh and Case
Crime no.Nil of 2009, under Sections 498A, 323, 504, 506 I.P.C. and 3/4
Dowry Prohibition Act, P.S. Gola district Gorakhpur.
Learned A.G.A. is granted four weeks’ time to file a counter affidavit. Issue
notice to respondent no.4, who may also file a counter affidavit within the
same period. Rejoinder affidavit be filed within two weeks. List thereafter
before the appropriate Court.
Till the next date of listing or till the submission of charge sheet, whichever is
earlier, the arrest of the petitioners, namely, Ashutosh Paney and Smt.
Kumkum Pandey, accused in the aforesaid case crime number, shall remain
stayed subject to the condition that they shall fully cooperate in the
investigation and shall make themselves available as and when required by
the police for the purpose of investigation.
Order Date :- 1.2.2010
mt