Allahabad High Court High Court

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

Allahabad High Court
Hasmattunnisha & Others vs State Of U.P. & Another on 8 January, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 69 of 2010

Petitioner :- Hasmattunnisha & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Raghvendra Prakash
Respondent Counsel :- Govt. Advocate

Hon'ble Mrs. Poonam Srivastav, J.

Heard learned counsel for revisionists and learned A.G.A. for the
State.

The order impugned in the instant revision is dated 3.12.2009
whereby revisionists have been summoned under Section 498-A
I.P.C. Police Station Jiyanpur, District Azamgarh.

Submission is that no one has received any injury. Revisionist no.1
is step mother-in-law. Admitted case is that husband is residing in
Malaysia. It is evident that on the basis of assertion in the
complaint itself, wife is not living with her step mother-in-law.

In view of the aforesaid submission, issue notice to opposite party
no.2 returnable at an early date.

Counter affidavit may be filed within three weeks from the date of
receipt of notice. Rejoinder affidavit may be filed within three
weeks thereafter.

List immediately on expiry of the aforesaid period.

Till the next date of listing, operation of the impugned order dated
3.12.2009 passed by Additional Chief Judicial Magistrate, court
no.10, Azamgarh, in complaint case no.3576 of 2009 under
Sections 498-A I.P.C. Police Station Jiyanpur, District Azamgarh,
shall remain stayed.

Order Date :- 8.1.2010
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