Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate as well as Sri Anil K. Tripathi , learned advocate for respondent no.
3. Under challenge is FIR relating to Case Crime No. 894 of 2009, under Sections ,420, 467, 471, 406, 379,504 and 605 IPC, police station -Kotwali Nagar, district Pratapgarh We have gone through the contents of the FIR as well as counter affidavit filed by opposite party No. 3 and other documents annexed hereto.
As it comes out that there is dispute with respect to two shops situated within the jurisdiction of Nagar Palika , Pratapgarh and the allegations are to the effect that possession of the shops has been taken away by the petitioners forcibly. This also comes out from the documents annexed hereto that the dispute with respect to the shops in question is coming out between the parties from much before.
Since these are disputed question of fact which cannot be looked into at this juncture and FIR also discloses commission of a cognizable offence, as such the same cannot be quashed, however, taking into consideration every aspect of the matter we hereby direct that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them provided they cooperate with the investigation, which shall go on.
With the above direction, the petition is disposed of.
Order Date :- 7.1.2010 R.P/