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Smt. Nidhi Tandon And Another v. State Of U.P. And Othersr - CRIMINAL MISC. WRIT PETITION No. 7041 of 2007  RD-AH 10287 (30 May 2007)
Criminal Misc. Writ Petition No.7041 of 2007
Smt. Nidhi Tandon & another v. The State of U.P. & others.
Hon'ble S. Rafat Alam, J.
Hon'ble A.K. Roopanwal, J.
It is alleged that petitioner no.1 is ''nand' and petitioner no.2 is ''nandoi' and are living separately. It is further alleged that the informant has falsely implicated the entire family.
Learned AGA appearing for respondent nos.1 and 2 prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Issue notice to respondent no.3 through registered post with AD returnable within six weeks. Steps to be taken within a week.
List the writ petition immediately after six weeks.
Considering the submissions made before us and looking to the fact of the case and also keeping in view that petitioner no.1 is ''nand' and petitioner no.2 is ''nandoi' and are living separately, in the meanwhile, it is provided that the petitioners shall not be arrested in case crime no.59 of 2007, under Sections 498-A, 323, 504 & 506 IPC and Section ¾ of the Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad until submission of report or until further order of this Court, whichever is earlier, provided they co-operate in the investigation and appear before the Investigating Officer as and when required. However, the investigation shall continue and police may submit report under Section 173 Cr.P.C. after necessary investigation expeditiously.
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