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 and 2.
Issue notice to opposite party no.3 returnable at an early date.
Let counter affidavit be filed by respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed by the petitioners within next two weeks.
List after expiry of the aforesaid period.
Under challenge is FIR relating to Case Crime No.1264 of 2009, under Sections 419, 420,467,468,471,506 I.P.C., P.S. Jalalpur, District- Ambedkar Nagar.
We have gone through the contents of the FIR.
As its comes out that one land belonging to gata no.443 measuring area .471 hectare, which was in the name of Virendra Nath was sold by his mother, respondent no.3 in favour of Nirmala Devi at that time when her son Virendra Nath was minor and the sale deed was executed on 10.11.2006. It seems that later on some dispute has arisen between Virendra Nath and respondent no.3, as such, a suit has been filed by Virendra Nath against his mother vide case no.318 of 2007 pending before Civil Judge Junior Division, Ambedkar Nagar. It has also been indicated in the FIR that Virendra Nath executed sale deed after he had become major in favour of petitioner with respect to the same land.
Submission of learned counsel for the petitioner is that dispute with respect to ownership of the land belonging to gata no.443 measuring area .471 hectare is already under consideration in the above suit, as such, this FIR has been lodged with ulterior motive.
There seems to be force in the argument of learned counsel for the petitioner.
In the aforesaid circumstances, we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number till further orders of the Court or till submission of report under Section 169/173 Cr.P.C., whichever is earlier, provided he cooperates with the investigation, which shall go on.
Order Date :- 12.1.2010/Aks