Hon'ble Vedpal,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 to 3. Issue notice to opposite party No. 4 returnable at an early date. Respective opposite parties may file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioners within next two weeks.
List after expiry of aforesaid period.
Under challenge in the instant writ petition is FIR relating to Case Crime No. C-1504 of 2009, under Sections 323, 504, 506, 354 & 452 IPC read with Section 3 (i) (x) SC/ST Act, police station Bara Sagwar, district Unnao. We have gone through the contents of the FIR and other documents annexed hereto.
Submission of learned counsel for the petitioner is that the petitioner had filed a complaint (Complaint Case No. 1017 of 2008) against the husband of complainant/opposite party No. 4 and upon which notice was issued by the Magistrate concerned on 09.07.2009 which was served upon the husband of opposite party No. 4 only on 08.08.2009. His further submission is that the impugned FIR is an outcome of the vengeance having been lodged on 06.12.2009 with respect to incident dated 10.08.2009. In para-4 of the supplementary affidavit, it has been specifically stated that neither complainant nor Kalawati has received any injury on her person nor they are medically examined till today.
The FIR discloses commission of cognizable offence and cannot be quashed, however, after taking into consideration the over all aspect of the matter we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number till the next date of listing or till submission of report under Section 173 Cr.P.C., whichever is earlier, provided he cooperates with the investigation, which shall go on.
Order Date :- 4.1.2010 Pradeep/-