Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioners and the learned AGA for the opposite parties No. 1 to 3.
This writ petition has been filed for quashing the First Information Report registered as case crime No. 579 of 2009 under sections 498A/323/397 I.P.C. and 3/4 of the D.P. Act, P.S. Khadda district Kushinagar.
Issue notice to the opposite party No. 4 for filing counter affidavit within four weeks. Learned AGA may also file a counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks. List thereafter before the appropriate Bench. It shall not be treated as tied-up or part-heard and shall stand released from the order of assignment.
In the meantime, investigation may be continued but the petitioners will not be arrested in case crime No. 579 of 2009 under sections 498A/323/397 I.P.C. and 3/4 of the D.P. Act, P.S. Khadda district Kushinagar, till the next listing or till submission of the police report under section 173 Cr. P.C., whichever is earlier.
Order Date :- 1.2.2010 AM/-