Hon'ble Yogesh Chandra Gupta,J.
Supplementary affidavit filed today is taken on record. Shri Manish Tiwary has appeared for respondent no.7.
Heard learned counsels for parties and the learned AGA.
The petitioners by this writ petition have prayed for quashing of the FIR dated 13.6.2010 being case crime no.299 of 2010, under Sections 498-A, 364, 406 IPC and Section ¾ Dowry Prohibition Act, P.S. Cantt., District Varanasi.
Learned counsel for the petitioners contends that the respondent no.7 was married with the son of the petitioner no.1 namely Ved Prakash Mishra in the year of 1999. It is submitted that according to own cause she was turned out in the April, 2002 from the house and thereafter she is living with her parents.
Learned counsel for the petitioners contends that a writ petition being Criminal Misc. Writ Petition No.10955 of 2010 has already been filed by aforesaid Ved Prakash Mishra in this Court, who has appeared before the Court and filed his affidavit for appropriate relief which is fixed for 12th July, 2010 by inviting counter affidavit. Learned counsel further submits that in view of the facts that the Ved Prakash Mishra has filed the writ petition and has also appeared before the Investigating Officer, therefore, the case under Section 364 IPC is not made out.
In facts of the present case we are satisfied that this is the fit case to entertain in exercise of jurisdiction under Article 226 of the Constitution of India.
Let the counter affidavit be filed by the respondent no.7 by the next date.
List and connect along with Criminal Misc. Writ Petition No.10955 of 2010. Till the next date of listing the petitioners shall not be arrested in pursuance of case crime no.299 of 2010, under Sections 498-A, 364, 406 IPC and Section ¾ Dowry Prohibition Act, P.S. Cantt., District Varanasi.
Order Date :- 29.6.2010 Mustaqeem.