Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 39 of 2009, under Sections 498-A and 323 IPC read with Section 3/4 Dowry Prohibition Act, police station Mahila Thana, District Gonda We have gone through the FIR as well as statement of Jahangir Alam- husband of opposite party no. 4 and also application filed by him for restitution of conjugal rights annexed along with the petition. It is argued by the learned counsel for the petitioners that every effort has been made to see that Smt. Ravia- opposite party no. 4 come and live in the house of her husband peacefully, but for the reasons indicated in the plaint as well as in the application moved for restitution of conjugal rights opposite party no. 4 has failed to return to the house of her husband. It is further argued that on one pretext or the other the FIR is an offshoot of the applications being moved by husband of opposite party no. 4 for restitution of conjugal rights.
While going through the FIR and other documents annexed with the petition, we find some force in the submission made by the learned counsel for the petitioners.
Let notice be issued to opposite party no. 4, returnable at an early date. Let counter affidavit be filed by the respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List this petition after expiry of the said period. Till next date of listing, the petitioners shall not be arrested in the aforesaid case crime number However, investigation shall go on and the petitioners shall cooperate with the same.
Order Date :- 7.1.2010 Chauhan/-