SHARAD K AGARWAI Vs. STATE OF U P

JUDGEMENT

(1.) R. N. Ray, J. Heard learned counsel for the applicants at length. Persued the application along with its annexures.

(2.) IT has been contended that petitioner No. 1 is a practising advocate in Delhi High Court and Supreme Court of India and the sister of petitioner No. 1 Ms. Purnima Agarwal is also practising advo cate of Delhi High Court. The father of petitioner No. 1, Er. R. K. Agarwal is in Government service and at present he is functioning as Superintending Engineer, U. P. Electricity Board and is a public servant under the definition of Indian Penal Code. The mother of petitioner No. 1, Smt. Savitri Devi Agarwal is a chronic heart patient and is under the treatment of Escorts Heart In stitute, New Delhi. IT has been contended that respondent No. 2, Smt. Priti Agarwal took her belongings went to her parents house with two months pregnancy.

(3.) LEARNED counsel for the opposite party No. 2 filed a counter-affidavit and sub mitted that O. P. No. 2 never conceived or there was no occasion for illegal termina tion of pregnancy. She was ill-treated and tortured by the petitioner No. 1 and his family members and she was assaulted physically and turned out from her husband's place and the allegations made in the E I. R. are true and the State Govern ment has every authority to get the matter investigated by any police officer under the State Governments control.