Hon'ble Rajeev Singh,J.
Heard Sri Anil Kumar Tiwari, learned counsel for the petitioners, Ms. Farhat Jamal Siddqui, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioner submits that the petitioner is a bonafide purchaser of the property in question i.e Gata No.463, Khata No.119 (New) and it is also stated that the said property was purchased by the petitioner with co-accused namely Luddan, Chiraunji and Rampher for Rs.12 lacs of which two lacs was paid in cash and the rest amount was paid through bank transactions. He further submits that the informant/respondent No.4 has lodged the present FIR for the dispute in respect of the Gata No.463, Khata No.119 (New) and Gata No.245, Khata No.153 (old), where some matter was pending before the Consolidation Officer and co-accused were the party to it, and the petitioner had no knowledge that he has been dragged in the present case along with the co-accused. The case of the petitioner is distinguished from that of the co-accused.
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 petitioner namely, Indu Yadav in case crime no.0084 of 2021 under sections 419, 420, 467, 468, 471 I.P.C., Police Station Kadipur, District Sultanpur shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 Amit/-