HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 29855 of 2015 Petitioner :- Smt. Parmeshwari Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Bharti Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J.
Hon'ble Naheed Ara Moonis,J.
Learned A.G.A has accepted notice on behalf of respondent nos.1 and 2. Shri H.N. Shukla has filed his Vakalatnama on behalf of respondent no.3. Each of the respondents prays for and are allowed three weeks' time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this matter immediately after five weeks before the appropriate Court.
Heard learned counsel for the petitioners learned A.G.A. for the State and Shri H.N. Shukla, learned counsel for respondent no.3.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners as a counterblast to the F.I.R. lodged by the respondent no.3 against the husband and son of respondent no.3 which was registered as case crime no.130 of 2015, under sections 308, 323, 325, 352 I.P.C. in which two persons had received injuries, one of whom died and the case was later converted into under section 304 I.P.C.
The submissions made by learned counsel for the petitioners, prima facie, appear to be correct. The matter requires consideration.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 24.11.2015 registered as Case Crime no.1078 of 2015, under sections 379, 323, 504 I.P.C., Police Station Khatauli, District Muzaffar Nagar.
Order Date :- 21.12.2015 RU