Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the material on record including the F.I.R. in question.
Appearance has been put in on behalf of opposite party no.3, the complainant of this case.
Let counter affidavit be filed on behalf of opposite party no.3 as also on behalf of the State within ten days. Rejoinder affidavit, if any, may be filed within seven days' thereafter.
List in the week commencing 22.02.2010.
It is submitted that it is wrongly mentioned in the F.I.R. that he is a chachiya sasur whereas he is not related with the husband in any manner. He is simply a practicing Advocate who has been implicated for the reasons best known to the complainant. It is also pointed out that the matter is otherway round. A petition seeking divorce was filed and notices were issued on 05.01.2010. Soon thereafter this F.I.R. has been lodged on 11.01.2010. Further it is said that unfortunately the father of the petitioner has died on 22.01.2010.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances as an interim measure it is provided that till the next date of listing or filing of the police report whichever is earlier the petitioner (Babban Singh) shall not be arrested in Case Crime No.20 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act and Section 3 (1) of the Domestic Violence Act, 2005, Police Station Mahanagar, District Lucknow subject to his full cooperation in the investigation which shall go on.
Order Date :- 29.1.2010 PAL/