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Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought quashing of the First Information Report dated 10.06.2011, relating to offences punishable u/s 498A, 323, 504, 506 and 494 I.P.C., Police Station Kapkot, District Bageshwar.
Learned Counsel for the Petitioners submitted that the marriage of the complainant with the Petitioner No. 1 is more than ten years old. It is contended that there is no question of demand of dowry in such an old marriage. However, the First Information Report discloses that the Petitioner No. 1 has got married to another woman named Leela in the year 2010.
Admit the petition.
Learned Counsel for the State prays for and is allowed four weeks time to file the counter affidavit.
Issue notices to Respondent No. 3 Smt Geeta Devi, who may also file her counter affidavit within a period of four weeks
Having considered submissions of learned Counsel for the parties, and after going through the papers on record, as an interim measure, it is directed that the Petitioner No. 2 Smt Bhawna Devi, Petitioner No. 3 Gobar Singh, Petitioner No. 4 Tara Singh and Petitioner No. 5 Soban Singh shall not be arrested in connection with aforesaid crime, during investigation, provided they cooperate with the investigating agency. However it is clarified that there is no interim order passed in respect of Petitioner No. 1 4 Dinesh Singh Takuli, (Stay Application No. 6269 of 2011, stands disposed of).
List after four weeks.