Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicants that the applicants had filed a complaint case under Section 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act against opposite party no.2, who is husband of applicant no.1, which was challenged by him by way of criminal misc. application no. 7957 of 2008, which was referred to Mediation Center vide order dated 15.4.2008 passed by this Court, copy of which has been filed as annexure-2 to the affidavit. It is next contended that as a counter blast opposite party no.2 has initiated the present criminal proceedings against the applicants, which is nothing but gross misuse of process of court.
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 applicants in complaint case no. 1757 of 2008 under Section 147, 427, 406, 323, 504, 506, 452 IPC pending before Judicial Magistrate I, Allahabad.
Order Date :- 7.1.2010 Ashish