Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26308 of 2009 Petitioner :- Kalyan Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Subhash Chandra Yadav Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners 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.
Allegation of the F.I.R. is that the petitioner no.1 has married second time
leaving the complainant and children.
Learned counsel for the petitioners submitted that criminal proceeding has
been launched falsely and F.I.R. has been lodged under Section 494 I.P.C. out
of malice and no offence is disclosed from bare perusal of the F.I.R.. It is
further submitted that no cognizance can be taken in the matter.
Issue notice to respondent no.4,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, Kalyan Singh, Jatan Singh, Smt.
Rajjo Devi, Rakesh Kumar, Mahesh, Umesh, Sunita Devi, Smt. Mukesh and
Begraj Singh,who are involved in case crime no.2860 of 2009, under Section
494 I.P.C., P.S. Indira Puram, District Ghaziabad 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 :- 25.1.2010
Asha