Uttarakhand High Court
Unknown vs Netrapal And Others' on 4 January, 2014
Author: V.K. Bist
Bench: V.K. Bist
C482 No. 6 of 2014 Hon'ble V.K. Bist, J.
Mr. Parikshit Saini, Advocate for the petitioners.
Mr. M.A. Khan, A.G.A. with Ms. Sangita Miyan, Brief Holder for the State.
Heard.
Counsel for the petitioners contended that petitioner nos. 1 to 3 are brothers and petitioner no.4 is mother of daughter-in-law of respondent no.2. In the year 2011, a FIR was lodged under Section 498-A I.P.C. by the sister of petitioner nos. 1 to 3. Thereafter, the respondent no.2 got annoyed and filed the complaint case no. 139 of 2012. He submitted that the complaint case was field against the petitioners as well as Netrapal Singh and in fact Netrapal Singh died prior to the filing of complaint case. He then contended that the proceeding is nothing but an abuse of process of law.
Admit the petition.
Let notice be issued to respondent no.2, returnable within four weeks.
List after four weeks. By that time the respondents may file counter affidavit.
In the meantime, it is directed that till next date of listing, further proceedings of complaint case no. 139 of 2012 'Kiran Devi vs. Netrapal and others', pending before the Court of 1st Addl. Civil Judge (SD)/J.M., Haridwar, shall remain stayed.
(V.K. Bist, J.) 04.01.2014 NCM: