Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 10861 of 2010 Petitioner :- Tota Ram & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Amit Kumar Srivastava,Krishna Gopal Respondent Counsel :- Govt. Advocate Hon'ble V.K. Shukla,J.
Hon’ble Ran Vijai Singh,J.
Learned A.G.A. has accepted notice on behalf of respondent Nos. 1
and 2. Issue notice to respondent No.3.
Each one of the respondents is granted eight weeks time to file
counter affidavit. Rejoinder affidavit may be filed within next two
weeks.
List thereafter.
It has been contended on behalf of the petitioners that on her own
free will Smt. Seema has not been staying at her in-laws’ place, and in
order harass the entire family of the petitioner, present F.I.R. has been
lodged. Petitioners have also stated that there are chances of
reconciliation in case court intervenes in the matter.
Prima facie, the argument advanced, appears to have some
substances and same requires consideration by this Court, as such till
the next date of listing or till submission of report by the police under
Section 173 (2) Cr. P.C., whichever is earlier, the petitioners shall not
be arrested in case crime No.1697 of 2010, under Sections 498A
I.P.C. read with Section 3/4 of dowry Prohibition Act, police station
Baradari, District Bareilly, subject to restraint that the petitioners shall
extend full cooperation in the ongoing investigation.
Order Date :- 22.6.2010
SRY