HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 22208 of 2015 Petitioner :- Anurag Gautam (Mistri) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
It is submitted by learned counsel for the petitioner that the prosecution of the petitioner under Section 497 I.P.C. on the basis of F.I.R. lodged by respondent no. 4 is clearly barred by Section 198 Cr.P.C.
The submissions made by learned counsel for the petitioner, prima facie, appear to have some substance. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of respondent nos. 1, 2 and 3. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter after six weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned F.I.R. dated 10.05.2015 registered as Case Crime No. 184 of 2015, under Section 497 I.P.C., P.S. Bithoor, District-Kanpur Nagar.
Order Date :- 9.9.2015........M/A.