Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no.3 containing absolutely false and concocted allegations alleging therein that the petitioners have kidnapped his wife Vidyawati. It is next submitted that victim Vidyawati is present in the Court today and has also filed her personal affidavit in the Court today stating therein that neither she has been kidnapped nor abducted by the petitioners.
Since the victim Vidyawati is present in the Court today and has been identified by her counsel Shri Syed Fahim Ahmed, learned counsel for the petitioners, upon question being quizzed by the Court, she reiterated the same facts which have been stated in her personal affidavit filed in the Court today.
After having considered the submissions advanced by learned counsel for the petitioners and also the statement made by the victim Vidyawati before this Court, we are of the view that this matter requires response.
Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after six weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 22.1.2016 registered as Case Crime no.45 of 2016, under sections 452, 504, 307, 364 I.P.C. and 3(2)(v) SC/ST Act, Police Station Milak, District Rampur.
Order Date :- 3.2.2016 RU