Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notice on behalf of opposite party Nos. 1 & 2. Under challenge in the instant writ petition is FIR relating to Case Crime No. 27 of 2010, under Sections 447, 454, 380 & 504 IPC, police station Ghazipur, district Lucknow.
We have gone through the contents of the FIR and other documents annexed hereto from which it comes out that petitioner No. 1 being landlord of the shop had given a particular portion of shop in tenancy of opposite party No. 3/the complainant and, as per averments, the same was vacated by opposite party No. 3 much before.
It has been argued by learned counsel for the petitioners that since the shop in question was already vacated by opposite party No. 3 on her own sweet will, the same was given in tenancy of other person, as such, this FIR is an outcome of the dispute of landlord and the tenant.
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.
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 submission of report under Section 169/173 Cr.P.C., whichever is earlier, provided they cooperate with the investigation, which shall go on. Order Date :- 21.1.2010 Pradeep/-