Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 and 2.
Under challenge in the instant writ petition is FIR relating to Case Crime No. C-3117 of 2009, under Sections 193, 420, 468, 469 and 471 IPC, police station Kotwali Nagar, District Sultanpur.
We have gone through the FIR. It comes out as argued by the learned counsel for the petitioners that some dispute is going on between the petitioners and opposite party no. 3, which is pending in the court of Settlement Officer of Consolidation where some affidavit has been filed, which is said to be forged, even the court was informed by the complainant, but no action has been taken, as such, this FIR has been lodged. It is further argued that the act complained of said to have been committed by the petitioners, if any action is to be taken, the same is to be taken by the court where forged affidavit as alleged has been filed, thus, the same is hit by Section 195 (1)(b) Cr.P.C. There seems some substance in the argument advanced by the learned counsel for the petitioners.
Issue notice to opposite party no. 3, 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 petitioners shall not be arrested in the aforesaid case crime number.
However, investigation shall go on and the petitioners shall cooperate with the same.
Order Date :- 22.1.2010 Chauhan/-