WPCRL/43/2023
2023 Latest Caselaw 105 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                        COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPCRL No. 43 of 2023
                                 Shri Sanjaya Kumar Mishra, J.

Shri Bilal Ahmed, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State. Respondent no. 3 - complainant is a married lady. It is borne out from Annexure No. 2 that she has initiated some criminal proceedings against her husband and others. She has described herself as wife of respondent no. 1 therein, which has been registered as Case No. 126 of 2015.

Learned counsel for the petitioner would submit that present case is squarely covered by the judgment of Hon'ble Supreme Court in the case of Sonu @ Subhash Kumar Vs. State of U.P. and another, (2022) 1 Crimes 142 (SC).

Issue rule nisi.

Issue notice to respondent no. 3 by registered post acknowledgment due returnable within four weeks.

Postal requisites be filed within seven days. Learned State Counsel shall produce the case diary, statement of witnesses, medical report, seizure memo etc. on the next date.

List on 25.05.2023.

In the interregnum, it is directed that investigation in FIR No. 579 of 2022 registered under Sections 376, 506, 323 IPC at Police Station - Ram Nagar, District Nainital shall go on but petitioner shall not be arrested by the Investigating Officer without leave of the Court provided he cooperates with the investigating officer.

I.A. No. 1 of 2023 stands disposed of.

(Sanjaya Kumar Mishra, J.) 07.01.2023 (Grant urgent certified copy of this order, as per Rules) SKS