Allahabad High Court High Court

Farooq Sheikh & Another vs State Of U.P. & Others on 8 January, 2010

Allahabad High Court
Farooq Sheikh & Another vs State Of U.P. & Others on 8 January, 2010
Court No. - 41

Case :- CRIMINAL MISC. WRIT PETITION No. - 237 of 2010

Petitioner :- Farooq Sheikh & Another
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S. Agarwal,R.K. Kanojia
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.

Hon’ble Shri Kant Tripathi,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.2 is present in the Court and has been identified by
her counsel. It is submitted by learned counsel for the petitioners that
petitioner no.2 has married with petitioner no.1 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, the arrest of the petitioners, namely, Farooq
Sheikh and Shahana Bano,who are involved in case crime no.768 of 2009,
under Sections 363, 366 and 506 I.P.C., P.S. Dhumanganj, District Allahabad
shall remain stayed.

Order Date :- 8.1.2010
Asha