Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
The present writ petition has been filed against lodging of First Information Report relating to Case Crime No. C-825 of 2010 under Sections 419, 420, 406 & 506 IPC of Police Station Neemgaon, district Lakhimpur Kheri.
We have gone through the contents of the First Information Report. As it comes out there is a dispute between the parties with respect of giving certain amount by the complainant to the petitioner on the pretext of getting him employment in the sugar factory. On the contrary, learned counsel for the petitioner submitted that the petitioner had himself given Rs. 30,000/- to the complainant which was not being returned and the petitioner had moved an application under Section 156 (3) Cr.P.C. before the appropriate court and in retaliation thereof this FIR has been lodged.
As to whether amount was paid by the complainant to the petitioner or by the petitioner to the complainant is a matter of controversy which cannot be decided in this petition. However, seeing the trivial nature of the offence alleged, we dispose of this writ petition finally with the direction that the petitioner shall not be arrested in the aforesaid case crime number until cogent and reliable evidence comes forward against him provided the petitioner cooperates with the investigation which shall go on.
Order Date :- 28.6.2010 anb