Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 1411 of 2010 Petitioner :- Sugrim & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Bishram Tiwari Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the petitioners and the learned AGA for the opposite
parties No. 1 to 3.
This writ petition has been filed for quashing the First Information Report registered
as case crime No. 579 of 2009 under sections 498A/323/397 I.P.C. and 3/4 of the
D.P. Act, P.S. Khadda district Kushinagar.
Issue notice to the opposite party No. 4 for filing counter affidavit within four weeks.
Learned AGA may also file a counter affidavit within the same period. Rejoinder
affidavit may be filed within two weeks. List thereafter before the appropriate Bench.
It shall not be treated as tied-up or part-heard and shall stand released from the
order of assignment.
In the meantime, investigation may be continued but the petitioners will not be
arrested in case crime No. 579 of 2009 under sections 498A/323/397 I.P.C. and 3/4
of the D.P. Act, P.S. Khadda district Kushinagar, till the next listing or till submission
of the police report under section 173 Cr. P.C., whichever is earlier.
Order Date :- 1.2.2010
AM/-