Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 and 2.
Under challenge in this Writ Petition is FIR relating to case crime no. 248 of 2010 under Sections 147,148,149, 452, 323, 504, 506, 467, 468, 448, 511 I.P.C., Police Station Krishna Nagar, Lucknow.
After hearing learned counsel for the petitioners as well as going through the F.I.R. and other documents on record, it comes out that the petitioners claim to be owner of plot no. 235 situated in Geeta Palli Lucknow. On the contrary, informant side claims to be owner of plot no. 200 situated in the same locality. Both the parties are making counter claim of being in possession over the said property and allege that the other party is trying to dispossess them.
The dispute with respect to identity and possession of the property in question is already under consideration before the Civil Court in Regular Suit No. 563 of 2010 pending in the Court of Civil Judge (Senior Division) Lucknow. No doubt, the dispute is with respect to the identity and possession over the property in question and this disputed question of fact cannot be gone into at this stage, but at the same time, it can also not be ignored that civil dispute is going on between the parties with respect to identity and possession over plot nos. 200 and 235, which are said to be in the same vicinity. It is submitted that some of the co-accused, namely, Basudev Singh and another filed Writ Petition No. 5660 (M/B) of 2010 and this Court vide interim order dated -2- 21.06.2010 has stayed their arrest.
Issue notice to opposite party No. 3 returnable at an early date. Opposite parties may file counter affidavit. within six weeks. Two weeks thereafter are allowed to the petitioners to file rejoinder affidavit, if any.
Connect and list along with Writ Petition No. 5660 (MB) of 2010 and Writ Petition No. 5950 (MB) of 2010.
Till further orders of this court or till submission of charge sheet, whichever is earlier, the petitioners shall not be be arrested in the aforesaid case crime number. Investigation shall go on and the petitioners shall co-operate in the investigation.
Order Date :- 29.6.2010 anb