Imtiyaz Murtaza and Amar Saran, JJ. - (1.) This writ petition was filed by Vidya Prakash Pandey, informant in case crime No. 38 of 2006 under Section 302 IPC for a direction in the nature of mandamus commanding the respondents to arrest the accused in the FIR lodged by him on 31.1.2006 at P.S. Kotwali Padrauna, District Kushinagar. An order was passed on 3.4.2006 calling for a counter affidavit. This petition was also connected with Crl. W.P. 2937 of 2006, which was filed by an accused in the petitioner's FIR Smt. Rajkumari Devi, wife of Manokamna Tewari for quashing of the FIR under Section 302 IPC.
(2.) Counter affidavit and rejoinder affidavit have been filed in this case.
(3.) We have heard learned Counsel for the petitioner, learned Counsel for Smt. Rajkumari Devi, Sri R.C. Dwivedi, in the connected writ petition and the learned AGA.;