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Om Prakash And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 7115 of 2007  RD-AH 10295 (31 May 2007)
Criminal Misc. Writ Petition No.7115 of 2007
Om Prakash & others v. State of U.P. & others.
Hon'ble S. Rafat Alam, J.
Hon'ble A.K. Roopanwal, J.
It is contended that from a perusal of the impugned FIR no cognizable offence is made out against the petitioners.
Learned AGA appearing for respondent nos.1 and 2 prays for and is allowed six 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 the expiry of the aforesaid period.
Considering the submissions made before us and looking to the fact of the case, it is provided that the petitioners shall not be arrested in case crime no.34 of 2007, under Sections 498-A & 376 IPC and ¾ of the Dowry Prohibition Act, Police Station Mahila Thana, District Agra 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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