Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 & 2 only.
Under challenge is FIR relating to Case Crime No. 991of 2009, under Sections 409, 419, 420, 467, 468 & 471 IPC, police station Sandana district Sitapur.
We have gone through the FIR.
It comes out that and also argued by learned counsel for the petitioner thatfrom bare reading of the FIR, it cannot be said that any offence under said Sections is made out against the petitioner. We find substance in the argument of learned counsel for the petitioner. Let notice be issued 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 and connect with the W.P. No. 11192 (M/B) of 2009 and list after expiry of the aforesaid period.
Till next date of listing or till submission of charge sheet, it is provided that the petitioner shall not be arrested in the aforesaid case crime number, provided he cooperates with the investigation, which shall go on.
Order Date :- 8.1.2010 Kaushal