Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 699 of 2009, under Sections 448, 504, 506, 507 and 352 IPC, police station Mohanlalganj, District Lucknow. We have gone through the FIR. It comes out that opposite party no. 4 had given her house on rent to the petitioners and some dispute has arisen between them with respect to vacating the house and increasing the rent of which a regular suit was filed by the petitioners vide Regular Suit No. 242 of 2009 in which orders were passed on 19th August, 2009 and as submitted by the learned counsel for the petitioners the FIR is an outcome of the same. It is further submitted that when with respect to vacating the house a suit is going on between the parties, the FIR is a sham.
Taking into consideration overall aspects of the matter and while going through the FIR, we direct that the petitioners shall not be arrested in the aforesaid case crime number till submission of report under Section 169/173 Cr.P.C., provided they cooperate with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition stands disposed of finally.
Order Date :- 13.1.2010 Chauhan/-