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Anoop Kumar v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 4029 of 2006  RD-AH 7814 (18 April 2006)
Hon'ble R.C.Deepak, J.
Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.
It is contended by the learned counsel for the petitioner that the matter relates to an offence punishable under Section 494 IPC. For launching prosecution under this section, a complaint is permissible and not the first information report.
Considering the facts and circumstances of the case, issue notice to respondent no.2 to file counter affidavit within two weeks from today.
The case shall appear on board on 15th May 2006.
The investigation into the case in pursuance of the FIR dated 27.11.2005 under Sections 498A, 494, 504, 506 IPC and ¾ D.P.Act shall go on but the investigating officer shall not effect the arrest of the petitioner till then, provided the petitioner co-operates with the investigation and in no way coerce the informant and the prosecution witnesses in any manner whatsoever.
Dt/-18th April, 2006
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