Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in this writ petition is FIR relating to case crime no. 3310 of 2009, under Sections 406, 419, 420 and 427 IPC, police station Kotwali, district Unnao.
We have gone through the FIR.
Argument raised by the learned counsel for the petitioners is that the petitioners purchased certain plots situated at Magarwara, district Unnao of which certain installments were to be paid to respondent no. 3 and since the same could not be paid, as such, the impugned FIR has been lodged. It is further argued that the matter is of civil nature, but the same has been given colour of criminal nature by lodging the FIR. It is next submitted that if certain installments are due towards the respondent no. 3 and are to be paid, the proper remedy available to it is of filing a suit.
There seems some substance in the argument advanced by the learned counsel for the petitioners.
Accordingly, we direct for issuing of 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., it is hereby provided that 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 :- 3.2.2010 Chauhan/-