Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate. Under challenge in the instant writ petition is FIR relating to Case Crime No. 587 of 2009, under Sections 420, 406 & 506 IPC, police station Sarojini Nagar, district Lucknow.
We have gone through the contents of the FIR and other documents annexed hereto.
It comes out that some agreement was entered into between mother of the complainant and wife of the petitioner, namely, Smt. Neeti Verma with respect to registration of two houses bearing Nos. LD-107 & LD-108, Sector-F, LDA Colony, Kanpur Raod Lucknow.
Argument advanced by learned counsel for the petitioner is that the entire allegations have been levelled against the petitioner being husband of Smt. Neeti Verma but he has got nothing to do with respect to the said agreement. It is also borne out from the documents on record that there was certain agreement entered into between Smt. Neeti Verma and the mother of opposite party No. 3, as such, submission is that if at all there was any allegation, the same should have been levelled against Smt. Neeti Verma, the wife of the petitioner and not against him.
We find substance in the argument of learned counsel for the petitioner.
The case of the petitioner is quite distinguishable from the case of Smt. Neeti Verma, who is the main architect with respect to aforesaid crime.
Accordingly, let notice be issued to opposite party No. 3 returnable at an early date.
Respective opposite party 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 petitioner shall not be arrested in the aforesaid case crime number till further order of this Court or till submission of report under Section 173 Cr.P.C., provided he cooperates with the investigation, which shall go on. Order Date :- 22.1.2010 Pradeep/-