Learned A.G.A. has put in appearance on behalf of the State.
Issue notice to opposite party no. 2 returnable at an early date.
List immediately after service.
Steps be taken within seven days through registered post, failing which the interim order which is being passed herein below shall come to an end.
Learned counsel for the petitioners submits that from perusal of the material on record, it would appear that the alleged offence has been committed within the periphery of Delhi where the husband is employed and the family members also reside there. Therefore, he says that the Court at Faizabad where the charge sheet in question has been filed has no territorial jurisdiction. Secondly, he submits that the F.I.R. is malafide and it has been lodged in retaliation of the divorce suit filed under Section 13 of the Hindu Marriage Act in the Court at Delhi (Annexure No. 8) the notice (Annexure No. 8) whereof has been served on 27.01.2009. He further adds that on the same day at 8:35 P.M. the F.I.R. of this case has been lodged.
It appears to be an arguable case.
In view of the above, till the pendency of this petition proceedings of the Criminal Case No.401 of 2009, pending in the Court of Judicial Magistrate, 1st Faizabad, shall remain stayed.
Order Date :- 29.1.2010 ML/-