Hon'ble Shyam Shankar Tiwari,J.
(Order on Stay Application) Learned A.G.A. has accepted notice on behalf of respondent nos. 1 and 2. Issue notice to respondent no. 3.
Each one of the respondents is accorded six weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks thereafter. List thereafter.
It has been contended on behalf of petitioner that in the present case due to unavoidable circumstances the instalment could not deposited by the petitioner, the bank issued recovery certificate and auctioned the said house and for setting aside the said auction proceeding; proceedings are already going on. It has also been stated that in such a situation once said situation has been created on account of the intervention of Tribunal then F.I.R. ought not to have been lodged, and specially in the background when petitioners are ready to return the amount according to contract, but only on account of impossible situation created, they are not in a position to decide the matter.Petitioners submit that dispute raised is purely of Civil nature. Primafacie arguments advanced requires consideration by this Court. Consequently, till the next date of listing or till submission of report under Section 173 (2) Cr. P.C. whichever is earlier, petitioner shall not be arrested in Case Crime No. 156 of 2010 under Sections 419, 420 I.P.C., Police Station Mutthiganj, District Allahabad subject to condition that petitioner shall extend all possible cooperation with the on going investigation. Order Date :- 21.6.2010 Naresh