Sharad Kumar Sharma, J.:— The petitioners are shown to be accused for the commission of an offence, as registered against them by way of an FIR being FIR No. 0426 of 2019 under Sections 228A, 387, 389, 500, 501, 506 & 120-B IPC and Section 66A, 67, 67-A & 67-B of Information Technology Act, registered at Police Station, Rishikesh, District Dehradun.
2. One Dr. Aparajita had already registered an FIR being FIR No. 0038 of 2019 dated 29.05.2019, as against the respondent No. 3, for alleged involvement in commission of offence under Sections 66(E) & 67 of Information Technology Act, 2000 and Sections 354-A, 354-D(2), 376(2)(n) & 506 IPC. The said FIR, which has been registered at Ambala, Haryana, the investigation in pursuance to the said FIR is pending consideration. There had been another proceeding which being CRM M No. 43775 of 2019, drawn by way of C482 Application before the Punjab and Haryana High Court, on which status report was called by the Court on 16.04.2019 at the behest of the proceedings drawn by Dr. Aparajita, and notices were issued.
3. Respondent No. 3 is said to be living in a live in relationship with Dr. Aparajita and there had been interse dispute between Dr. Aparajita and respondent No. 3. As far as the set of allegations, levelled against the present petitioners are concerned, who are the actual father-in-law and mother-in-law of Dr. Aparajita, apparently, they have got no role to play, as far as the offences which are complained of against them. Even, if we go through the set of allegation in the FIR, the nature of offence complained of against them, prima facie, it does not establish the commission of the offence, against the present petitioners and as a consequence thereto, while issuing notice to respondent No. 3 and directing the learned AGA, who is appearing on behalf of respondent Nos. 1 and 2, who may file their counter affidavits within a period of three weeks from today, there would be an interim protection to the effect that subject to the condition that petitioners cooperate in the investigation, no coercive steps will be taken as against them till the next date of listing.
4. However, it is made clear that if there is any dereliction on part of the petitioners in cooperating in the investigation, it will be open for respondent No. 2 to take appropriate action against them in accordance with law.
5. List this matter after three weeks.
6. Stay Application (CLMA No. 16403/2019) stands disposed of.