Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 893 of 2009, under Sections 323, 504, 506, 382 & 406 IPC, police station Kaisarganj, district Bahraich.
We have gone through the contents of the FIR.
Argument advanced by learned counsel for the petitioners is that the impugned FIR has been lodged with ulterior motive since on the basis of allegations so levelled in the FIR the name of four ladies have been inducted just to implicate the entire family of the petitioners.
We find substance in the argument of learned counsel for the petitioners.
Accordingly, let notice be issued to opposite party No. 3 returnable at an early date.
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.
However, it is provided that the petitioners shall not be arrested in the aforesaid case crime number till the next date of listing or till the submission of report under Section 173 CrPC, whichever is earlier, provided they cooperate with the investigation, which shall go on.
Order Date :- 1.2.2010 Pradeep/-