Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 13267 of 2010 Petitioner :- Asha Yadav & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Dharmendra Singh,Dinesh Kumar Yadav Respondent Counsel :- Govt. Advocate,Praveen Kumar Singh Hon'ble Ashok Kumar Roopanwal,J.
Heard Mr. Dharmendra Singhal, learned counsel for the petitioners, learned
AGA for the State, Mr. P. K. Singh, learned counsel for O.P. No. 2 and
perused the record.
It has been argued by Mr. Singhal that petitioner no. 1 is the wife of petitioner
no. 2 and against them there is no allegation that they committed cruelty upon
the victim. They cannot be said to have committed the offence punishable u/s
494 I.P.C. as this can be made out against the person, who marries in the
lifetime of his wife or her husband. It is further argued that there is no
allegation against the petitioners for the offences punishable u/s 323, 504, 506
I.P.C.
Respondents may file counter affidavit within three weeks. Rejoinder
affidavit, if any, may be filed within two weeks thereafter.
List immediately thereafter.
Till then the proceedings of Complaint Case No. 1658 of 2009, Neelam
Yadav Vs. Ashok Yadav and others, pending in the court of Judicial
Magistrate, Court No. 3, Varanasi, shall remain stayed.
Order Date :- 30.7.2010
Pcl