HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 10582 of 2011 Petitioner :- Smt. Neha & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and also learned A.G.A. appearing for the State.
We have been taken through the allegations contained in the F.I.R. and the material on record.
The petitioner No.1-Smt. Neha is present in the Court and has been identified by her counsel. On being asked, she has stated that she has married with petitioner No.2-Bhura out of her own sweet will. Learned counsel for the petitioners submits that both the petitioners are major. The marriage registration certificate of the petitioners has been annexed as Annexure-3 to the writ petition.
Issue notice to respondent no.3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List this matter after expiry of the aforesaid period.
Till the next date of listing or till submission of report under Section 173(2) Cr.P.C, whichever is earlier, the arrest of the petitioners, namely, Smt. Neha and Bhura, who are involved in Case Crime No.149 of 2011, under Sections 363, 364 I.P.C., Police Station-Hathras Junction, Mahamaya Nagar, District-Hathras shall remain stayed.
Order Date :- 6.6.2011 NS