- (1.) Heard Mr. Amir Khan, learned counsel for applicants, learned A.G.A. representing opposite party No. 1 and Mr. Vahid Zamal, Advocate, holding brief of Mr. Babban Singh, learned counsel representing opposite party No. 2.
(2.) This application under Section 482 Cr.P.C. has been filed challenging charge sheet No. 16 of 2013, dated 18.05.2013 submitted in Case Crime No. 5 of 2013, under Sections 498-A , 323 , 504 , 506 IPC and Sections 3 / 4 Dowry Prohibition Act, P.S. Mahila Thana, District Badaun and the entire proceedings of consequential State Case No. 2526 of 2013 (State Vs. Faheem Khan and others) under Sections 498-A , 323 , 504 , 506 IPC and Sections 3 / 4 Dowry Prohibition Act, P.S. Mahila Thana, District Badaun, pending in the Court of C.J.M., Badaun. Present application came up for admission on 03.09.2013 and this Court passed following interim order:- "Heard learned counsel for the applicants and learned A. G. A. He prays for and is granted six weeks' time to file counter affidavit. Issue notice to the opposite party no. 2 indicating therein that she may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter before the appropriate Court. Learned counsel for the applicants submitted that the impugned criminal prosecution has been instituted by opposite party no. 2, who is the wife of the applicant no. 1, roping in the entire family of her husband with the ulterior intention of harassing them, although from the materials on record no offence is disclosed against them. Submissions made by learned counsel for the applicants prima facie appear to be correct and the applicants have made out a case for grant of interim protection. In view of the above it is directed that till the next date of listing, no coercive action shall be taken against the applicant Nos. 2 and 3 of Criminal Case No. 2526 of 2013, State Vs. Faheem Khan and others, arising out of Case Crime No. 5 of 2013, under Sections- 498A, 323, 504 and 506 IPC and Section 3/4 of D. P. Act, pending in the Court of Chief Judicial Magistrate, Badaun. It is further provided that if the applicant no. 1 appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today of till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant no. 1. However, in case, the applicant no. 1 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him."
(3.) In compliance of order dated 3.9.2013, no counter affidavit has been filed on behalf of opposite party No. 2.;