JUDGMENT

K. S. Radhakrishnan, J.-Leave granted.

2. We are, in this appeal, concerned with the legality and propriety of an order passed by the High Court of Allahabad in a disposed of Criminal Miscellaneous Writ Petition.

3. Facts giving rise to this appeal are as follows: The marriage of the appellant and 1st respondent took place in the year 1997 according to the Muslim rites and customs and out of that wedlock three children were born. According to the appellant, 1st respondent married again for a third time. During the subsistence of the appellant’s marriage, 1st Respondent kept on harassing the appellant demanding dowry, which resulted in the lodgment of an F.I.R. by the appellant’s brother, being F.I.R. No. 72 of 2003, on 5.8.2003 and a case was registered under Sections 498A, 323, 324, 504, 506 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act against 1st respondent and his family members. The case was later transferred to the Ladies Police Station, Rakab Ganj, Agra vide an order dated 12.9.2003 of the S.S.P., Agra.

4. Family members of 1st respondent then approached the High Court of Allahabad and filed a Criminal Miscellaneous Writ Petition N