Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 652 of 2009,under Sections 147, 148, 149, 323, 452, 504, 506 IPC, police station-Iazar Khala district-Lucknow.
We have gone through the contents of the FIR and the other documents annexed hereto.
Grave stress has been laid by the learned counsel for the petitioners that petitioners have been complaining against the atrocities of the police authorities against them as they have been harassed without any reason or rhyme, copies of which have been annexed and this FIR is the out come of the police vengeance to implicate the petitioners in the aforesaid case. Further stress has been laid by learned counsel for the petitioners that as per FIR case five persons assaulted the complainant, opposite party No. 3 but he has not received any injury, which can be said to be serious or minor in nature.
Let the things be as they are, issue notice to opposite party No. 3 returnable at an early date.
Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List thereafter.
In the aforesaid facts and circumstances, It is hereby directed 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 :- 6.1.2010 R.P/