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SHREE KANT RASTOGI & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Shree Kant Rastogi & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 10469 of 2005 [2005] RD-AH 4443 (19 October 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. S.S. KULSHRESTHA, J.

HON. K.N. OJHA, J.

Heard and also perused the materials on record.

It is said that the informant, who is herein respondent no. 3, Smt. Priya Rastogi, had withdrawn from her nuptial home without any just and reasonable cause. The petitioners are all the time ready and willing to maintain the victim woman.

Having regards to the facts and circumstances of the case, we dispose of this petition by directing that the petitioner shall not be arrested in Case Crime No. C-7 of 2005 for the offences under Sections 323, 313, 504, 506 and 498-A IPC and also under Sections 3/4 of the Dowry Prohibition Act, Police Station Brahmpuri, District Meerut till submission of the report by the police provided petitioner No. 3 (Sri Vipin Kumar Rastogi) pays Rs. 2000/- per month towards maintenance amount through bank draft to the victim woman. The first instalment of the maintenance amount shall be paid on or before 30th day of October 2005. Subsequent instalments shall be continued to be paid on the successive months on the same day. This order is passed on an analogy of the principle of law laid down in the case of Bodhisattwa Gautam v. Miss Subhra Chakraborty, (AIR) 1996 S.C. 922

19.X.05

10469/05/sk


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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