Hon'ble Ran Vijai Singh,J.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 & 2.
Issue notice to respondent no. 3.
Each one of the respondents is accorded six eight weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks. List thereafter.
It has been sought to be contended on behalf of petitioners that in the present case there was agreement to sale in between Mrs. Sharmila Ahuja and petitioner no. 2, and based on the said document in question which has been filed as Annexure-2 further transaction has been entered upon by the petitioners with the complainant and they were never made aware by Smt. Sharmila Ahuja that she has already entered upon transaction with another incumbent. In this background at the point of time when agreement to sale has been executed inter se petitioner no. 2 and respondent no. 3, there was no intention of to cheat respondent no. 3; Coupled with this dispute in question is principally of civil nature, in such a situation invoking of criminal forum is misuser of criminal forum.
Primafacie arguments advanced requires consideration by this Court. Consequently, till the next date of listing or till submission of report under Section 173 (2) Cr. P.C. whichever is earlier, petitioners shall not be arrested in Case Crime No. 154 of 2010 under Sections 420, 467, 468, 471, 504 and 506 IPC, Police Station Sector-20 Noida District Gautham Budh Nagar subject to condition that petitioners shall extend all possible cooperation with the on going investigation.
Order Date :- 22.6.2010 Dhruv