Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 121 of 2010, under Sections 419, 420, 467, 468 & 471 IPC, police station Kotwali Colonelganj, district Gonda.
We have gone through the contents of the FIR, which has been lodged by respondent No. 4, who happens to be son of Kripal Singh. Allegations levelled against the petitioners are to the effect that while Kripal Singh was unconscious, the petitioners got a sale-deed executed with respect to agricultural land in their favour vide Annexure-4 to the petition. A suit for cancellation of the sale-deed has been filed by respondent No. 4 wherein nowhere it has been mentioned that the sale-deed was got executed after the death of Kripal Singh, father of respondent No. 4, rather it has been stated that the sale-deed was got executed by Kripal Singh while he was unconscious (vide Annexure-4).
Submission of learned counsel for the petitioners is that it has been pleaded in the suit for cancellation of sale-deed filed by respondent No. 4 that Kripal Singh had got no right for sale of the agricultural land since it was an ancestral property, as such, further argument advanced by learned counsel for the petitioners is that matter with respect to cancellation of the sale-deed is pending before the courts below and the FIR is an outcome of vengeance and has been lodged in colourable exercise of criminal nature and, as such, the FIR is liable to be quashed.
We find substance in the argument advanced by the learned counsel for the petitioners.
Accordingly, we direct for issuing of notice to respondent No. 4, returnable at an early date.
Respective opposite parties may file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioners within next two weeks.
List after expiry of aforesaid period.
It is hereby provided that the petitioners shall not be arrested in the aforesaid case crime number till the next date of listing or till submission of charge- sheet, whichever is earlier, provided they cooperate with the investigation, which shall go on.
Order Date :- 2.4.2010 Pradeep/-