HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 10565 of 2011 Petitioner :- Smt. Rawani @ Deeparani & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Sanjeev Kumar Trivedi 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. Rawani alias Deeparani 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-Shiv Kumar out of her own sweet will and she is major. The marriage certificate of the petitioners has been annexed as Annmexure-4 to this 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. Rawani alias Deeparani and Shiv Kumar, who are involved in Case Crime No.97 of 2010, under Sections 363, 366 I.P.C., Police Station-Bidhuna, District-Auraiya shall remain stayed.
Order Date :- 6.6.2011 NS