Court No. - 25 Case :- MISC. BENCH No. - 76 of 2010 Petitioner :- Jaynarain Dixit S/O Late Awadh Bihari & Ors. Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Mukesh Kumar Tewari Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No. 562 of 2009, under
Sections 498A and 323 IPC and Section 3/4 of Dowry Prohibition Act police
station Ram Nagar, district Barabanki.
We have gone through the contents in the FIR and also the application filed
by one Neeraj Kumar who is said to be husband of opposite party no. 3, under
Section 9 of the Hindu Marriage Act, vide Regular Suit No. 704 of 2009,
annexed as Annexure No. 2 to this writ petition.
Argument advanced by the learned counsel for the petitioners is that this FIR
is an outcome of the Application moved by Neeraj Kumar, husband of the
opposite party no. 3 under Section 9 of the Hindu Marriage Act for restitution
of conjugal rights, filed on 18th August, 2009.
There is no serious allegations in the FIR, as such, we hereby direct that let
notice be issued to opposite party No. 3 returnable at an early date.
The opposite parties may file counter affidavit within six weeks. Rejoinder
affidavit, if any, may be filed within next two weeks.
List after expiry of aforesaid period.
However, till the next date of listing or till the submission of the charge-sheet,
the petitioners shall not be arrested in the aforesaid case crime number,
provided they cooperate with the investigation, which shall go on.
Order Date :- 7.1.2010
Kaushal