Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 546 of 2010 Petitioner :- Smt. Kavita & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Mithilesh Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and also learned A.G.A.
appearing for the State.
We have been taken through the allegations contained in the F.I.R.
and the material on record.
The victim, petitioner no.1 Smt.Kavita is present in the Court and
has been identified by her counsel.
Learned counsel for the petitioners submits that petitioner no.1 has
married with petitioner no.2 Virendra alias Nelay out of her own
free will and both are major.
Issue notice to respondent no.3, who may file counter affidavit
within four weeks. Learned A.G.A. may also file counter affidavit
within the same period. Rejoinder affidavit may thereafter be filed
within two weeks.
List this matter after expiry of the aforesaid period.
Till the next date of listing or till submission of charge sheet
whichever is earlier, the arrest of the petitioners, namely, Smt.
Kavita, Virendra alias Nelay, Nihal Singh and Rajendra Singh,who
are involved in case crime no.842 of 2009, under Sections 363 and
366 I.P.C., P.S. Sikandara, District Agra shall remain stayed of
course subject to the restraint that the petitioners shall fully
cooperate with the investigation and shall appear as and when called
upon to assist in the investigation.
Order Date :- 13.1.2010
Asha