Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Connect with Writ Petition No. 11192 (M/B) of 2009 since this petition arises out of three crime numbers; (1) crime no. 990 of 2009, under Sections 409, 419, 420, 467, 468 and 471 IPC, (2) crime no. 991 of 2009 against Munna and crime no. 992 of 2009 against Subhash Mohan Singh (petitioner), which is under challenge in this writ petition. We have been taken through the FIR by the learned counsel for the petitioner and it has been submitted that from a bare reading of the FIR it cannot be said that any offence under the said sections is made out against the petitioner.
We find substance in the argument advanced by the learned counsel for the petitioner.
Accordingly, issue notice 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 this petition after expiry of the period granted for exchange of the affidavits.
Till next date of listing, it is provided that petitioner-Subhash Mohan Singh shall not be arrested in Case Crime No. 992 of 2009, under Sections 409, 419, 420, 467, 468 and 471 IPC, police station Sandana, District Sitapur. However, investigation shall go on and the petitioner shall cooperate with the same.
Order Date :- 12.1.2010 Chauhan/-