Hon'ble Vedpal,J.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the material on record.
Appearance has been put in on behalf of opposite party no.4.
This petition has been filed impugning the F.I.R. in respect of Case Crime No.40 of 2010, Under Sections 420, 504, 506 I.P.C., Police Station Naka Hindola, District Lucknow.
Learned counsel for opposite party no.4 prays for and is granted two days' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two days' thereafter.
List immediately after expiry of the aforesaid period.
Learned counsel for the petitioner submits that the offences are triable by Magistrate and even after lodging of the F.I.R. in the month of January, 2010 at least two sale deeds were executed by the petitioner in favour of opposite party no.4. It also comes out from record that prior to the filing of the impugned F.I.R., one non cognizable report was filed from the side of the petitioner against opposite party no.4. Learned counsel submits that it appears that on account of some misunderstanding in the old business transactions which had been there between the parties, the F.I.R. has been lodged with some ulterior motive.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances it is provided that till the next date of listing or filing of the charge-sheet, if any, whichever is earlier, the petitioner (Badri Nath Agnihotri) shall not be arrested in Case Crime No.40 of 2010, Under Sections 420, 504, 506 I.P.C., Police Station Naka Hindola, District Lucknow subject to his full cooperation in the investigation which shall go on.
Order Date :- 10.5.2010 PAL/