Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19872 of 2019 Petitioner :- Hindustan Construction Company Ltd. And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tarun Agrawal,Ravi Kant (Senior Advocate) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Shri Ravi Kant, learned Senior Advocate, assisted by Sri Tarun Agarwal, learned counsel for the petitioner and Shri G. P. Singh, learned AGA for the State and perused the material brought on record.
Learned counsel for the petitioner submits that as the petitioner has already paid the amount to the respondent no.3 and further he is also ready to pay the balance amount. It is next submitted that the present FIR has been lodged for the misuse of process of law. It is lastly submitted the dispute between the parties is purely civil in nature. Moreover, on the plain reading of the FIR no offence is disclosed against the petitioners.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.
Issue notice to respondent no. 4 Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier, the arrest of the petitioners in 0083 of 2019 under sections 406, 504, 507 I.P.C., Police Station- Siddharth Nagar, District- Siddharth Nagar shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 shravan/Deepika