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Allahabad High Court

Smt. Sunita Nee Sufia & Others vs State Of U.P. & Others on 10 May, 2010

Bench: Imtiyaz Murtaza, Naheed Ara Moonis

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 7764 of 2010

Petitioner :- Smt. Sunita Nee Sufia & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- K.N. Raha,D.D. Kushwaha
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and also learned A.G.A. appearing for the State.

We have been taken through the allegations contained in the F.I.R. and the material on record.

The victim petitioner no.1 is present in the Court and has been identified by her counsel.

It is submitted by learned counsel for the petitioners that she has married with petitioner no.2 out of her own free will and both are major.

Issue notice to respondent no.3, who may file counter affidavit within two weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within one week. List this matter after expiry of the aforesaid period. Till the next date of listing, the arrest of the petitioners, namely, Sunita Dwivdei Nee Sufia, Asgar, Ashraf, Harish Chandra and Anil, who are involved in case crime no.858 of 2010, under Sections 363 and 366 I.P.C., P.S. Kotwali, District Hamirpur shall remain stayed. Order Date :- 10.5.2010 Asha