Namit Juyal And Others v. State Of U.P.Thru’ Secy. Home U.P. and Others –

CRIMINAL MISC. WRIT PETITION No. 6979 of 2007 [2007] RD-AH 10234

(28 May 2007)

HIGH COURT OF JUDICATURE OF ALLAHABAD

Criminal Misc.Writ Petition No. 6979 of 2007

Namit Juyal and others Vs. State of U.P. & others

Hon’ble S. Rafat Alam, J.

Hon’ble A.K.Roopanwal, J.

It is alleged that the impugned FIR has been lodged as a counter blast. It is submitted that petitioner no.1, who is the husband of the complainant, has filed suit of restitution of conjugal rights and immediately thereafter the impugned FIR has been lodged. It is also submitted that against the atrocities of the wife (complainant) a complaint was made before the S.O., Police Station Sector 20, NOIDA on 0.5.2007, a copy whereof is enclosed as Annexure-3 to the writ etition.

Admit.

Issue notice to respondent no.3 through registered post with AD returnable within six weeks. Steps to be taken within a week.

Learned Additional Government Advocate appearing for the State- respondents no.1 and 2 prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed, within two weeks thereafter. List thereafter.

Considering the submissions and looking to the facts of the case, in the meanwhile, it is provided that the petitioners shall not be arrested in Case Crime No. 547 of 2007, under Sections 498-A and 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sector 20, NOIDA, District Gautam Budh Nagar till submission of report or until further orders of this Court whichever is earlier provided they cooperate in the investigation and appear before the Investigating Officer as and when required.

Dated:28.5.2007

SKM