Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that initially the opposite party no.2 initiated the proceedings under Section 498-A, 494 IPC and Section 3/4 Dowry Prohibition Act against the applicant and his family at Ambedkarnagar. It is also contended that subsequently the proceedings under Section 125, Cr.P.C. was initiated by the opposite party no.2 at Sultanpur and now the present proceedings has been initiated at Allahabad. It is further contended that the opposite party no.2 has parental house and is living at Ambedkarnagar, therefore, courts at Allahabad has no jurisdiction. It is lastly contended that the repeated proceedings are being drawn against the applicant only for his harassment.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicant one week thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the applicant in complaint case no. 5440 of 2008 under Section 406 IPC and Section 6(2) of Dowry Prohibition Act, P.S. Shivkuti District Allahabad pending before Special Chief Judicial Magistrate, Allahabad.
Order Date :- 21.1.2010 Ashish