Notice on behalf of respondent no. 1 has been accepted by learned AGA who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
The submission is that the prosecutrix and the applicant no. 1 were married according to Hindu Right on 3.6.2005 and out of the result of the said marriage, they have three children and they are living happily as husband and wife. The impugned prosecution has been launched at the behest of the opposite party no. 2 father-in-law of the applicant no. 1 with the sole malafide intention of harassing the applicants.
Considering the submissions made and the facts stated, the applicants are entitled to grant of interim protection.
Till the next date of listing, no coercive measure shall be taken against the applicants in case no. 428/2006 (State Vs. Rajendra @ Bablu and another) relating to charge sheet no. 365-A/2005 in relation to case crime no. C-46 of 2005, under Sections 363, 366, 342, 120-B I.P.C., P.S. Kasganj, District Kashi Ram Nagar pending before C.J.M., Kashi Ram Nagar.
Order Date :- 15.6.2010 AKG/-