Hon'ble Vedpal,J.
Vakalatnama filed today by Shri Vyomesh Chandra Shukla, Advocate on behalf of opposite party No. 4 is taken on record.
Heard learned counsel for the petitioners, learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 to 3 and Shri Vyomesh Chandra Shukla, Advocate appearing for opposite party No. 4.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 646 of 2009, under Sections 419, 420, 467, 468 & 471 IPC, police station Kotwali Colonelganj, district Gonda.
We have gone through the contents of the FIR from which it comes out that some will- deed relating to one Late Smt. Sirtaji Devi was got executed and registered in favour of opposite party No. 4 but later on the petitioners had got a will-deed purporting it to be a will executed by late Sirtaji Devi, who died on 14.12.2008 and had applied for its registration before the Registrar on 15.12.2008 but the same was refused for being registered since Smt. Sartaji had died on 14.12.2008. It also comes out from the FIR that subsequently again a will-deed dated 13.12.2008 was prepared by the petitioner which was ultimately got registered before the Registrar. Against the registration of the will- deed dated 13.12.2008 a Regular Suit No. 1802 of 2008 was filed by opposite party No. 4 in the court of Civil Judge, Junior Division, Gonda, which is pending.
Argument advanced by learned counsel for the petitioner is that for the purpose of cancellation of the alleged forged will deed a suit has already been filed by opposite party No. 4 vide Annexure-3 and on the contrary this FIR has been lodged with ulterior motive.
There seems to be substance in the arguments of learned counsel for the petitioners.
Accordingly, we direct that the petitioners shall not be arrested in the aforesaid case crime number till further orders of this Court or till submission of report under Section 173 CrPC, whichever is earlier, provided they cooperate with the investigation, which shall go on.
Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks.
List after expiry of aforesaid period.
Order Date :- 22.1.2010 Pradeep/-