Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 594 of 2009, under Sections 147, 406, 447, 504, 506, 467 and 420 IPC, police station Krishna Nagar, District Lucknow.
We have gone through the FIR. The petitioner seems to have been involved with respect to purchase of certain plots by opposite party no. 4 and the argument advanced by the learned counsel for the petitioner is that the petitioner has got nothing to-do with respect to purchase of the plots by opposite party no. 4, who has purchased the same from one Sri Sant Lal, copy of registered sale-deed has been annexed as Annexure-4 to the petition. Next argument advanced is that since on plot of opposite party no. 4 one Sri B.K. Awasthi has taken forceful possession, as such, the petitioner has been falsely implicated since Sri B.K. Awasthi has not been made an accused. There seems some substance in the argument advanced by the learned counsel for the petitioner.
Accordingly, we direct for issuing of notice to opposite party no. 4, returnable at an early date.
Let counter affidavit be filed by the respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List this petition after expiry of the said period.
Till next date of listing or till submission of report under Section 173 Cr.P.C., the petitioner shall not be arrested in the aforesaid case crime number. However, investigation shall go on and the petitioner shall cooperate with the same.
Order Date :- 22.1.2010 Chauhan/-