Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 to 3. Under challenge is FIR relating to Case Crime No. 10 of 2010, under Sections 143,452,380,504,506 IPC, police station Maharua, district-Ambedkarnagar. . We have gone through the contents of the FIR.
The argument advanced by learned counsel for the petitioners is that petitioner belongs to the girl side and petitioner no. 3 is wife of complainant and the FIR has been lodged by her husband Sujit Kumar in retaliation of her application filed on her behalf under section 125 Cr.P.C and earlier also an FIR was lodged by petitioner no. 3 vide annexure-3 relating to case crime No. 14 of 2009, under section 498 A IPC and 3/4 Dowry Prohibition Act ,police station-Akhand Nagar,district Sultanpur There seems to be some force in the argument of the learned counsel for petitioner.
Accordingly issue notice to opposite party no. 4 returnable at an early date.
Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List after expiry of aforesaid period.
Till the next date of listing, or till filing of the report under section 173 Cr.P.C which ever is earlier, it is provided that petitioners shall not be arrested in the above case crime number provided they cooperate with the investigation, which shall go on.
Order Date :- 4.2.2010 R.P/