Hon'ble Vedpal,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. and perused the material placed on record.
The F.I.R. is under Case Crime No.164/2010, under Sections 419, 420, 467, 468, 471, 504 I.P.C. Police Station Krishna Nagar, District-Lucknow.
It is submitted that the offences are triable by Magistrate. The allegation is to the effect that a forged sale deed has been got executed by the petitioners from the mother of the opposite party no. 4 and it is said that the mother of the opposite party no. 4 is an old lady who was also suffering from some ailment and without understanding the things she executed the sale deed without consideration. The learned counsel, however, submits that things are rather other way round. The opposite party no. 4 is an employee of this Court who on account of some criminal case was behind the bars. Unfortunately, the petitioners are distantly related to him. Opposite party no. 4 is in habit of selling Nazul Land and in favour of the petitioners also the sale deed has been executed in respect of the Nazul Land by committing fraud on behalf of the opposite party no. 4. Probably anticipating some action from the side of the petitioners, he lodged the F.I.R. in order to make his defence. It is said that in respect of the same execution of sale deed, a complaint case has also been filed by the opposite party no. 4 upon the petitioners (Annexure No.6).
In view of the above, let notice be issued to opposite party no. 4 through registered post.
Counter affidavit may be filed within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after the expiry of the aforesaid period.
In view of the facts and circumstances, as an interim measure, till the next date of listing or till filing of the charge sheet, if any, whichever is earlier, the petitioners (Rameshwar Saini and Smt. Susheela Saini) shall not be arrested in the aforesaid case crime number, until and unless and credible and cogent evidence is collected against the petitioners, subject to their full co-operation in the investigation, which shall go on.
Order Date :- 10.5.2010 ML/-