HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 9430 of 2011 Petitioner :- Smt. Kiran Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Radhey Shyam Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri R.S. Shukla learned counsel for the petitioner and learned A.G.A.
Since matter can be get investigated after leading evidence under Section 202 Cr.P.C., I am not inclined to interfere with impugned order dated 8.2.2011 passed by II Judicial Magistrate, Shahjahanpur, in Complaint Case No.119 of 2011, Smt. Kiran Devi Vs. Jaivir and others, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kalan, District Shahjahanpur.
This writ petition is, therefore, dismissed with the direction that if the prayer is made for investigation after stage of Section 202 Cr.P.C. is over, Magistrate will decide the prayer keeping in view decision of Hon'ble Apex Court in the case of Srinivas Gundluri and others Vs. Sepco Electric Power Construction Corporation and others (2010) 8 SCC 206.
Order Date :- 24.5.2011 rkg