Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of State, opposite parties nos. 1, 2 and 3.
Issue notice to opposite party no.4 returnable at an early date.
Steps may be taken within seven days by registered post Ad failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
Learned counsel for the petitioners submits that there was an agreement between Managing Director of Company Aditya Fuels Limited and the opposite party no.4 who was the distributor. It is said that the petitioners' company suffered a loss of about rupees seventy lacs on account of breach of several conditions of the contract between them in respect whereof a notice was given to opposite party no.4 on 30.05.2009 (Annexure-3). It is said that in retaliation thereof in order to save his skin the F.I.R. in question has been lodged by opposite party no.4 in October, 2009 saying that earlier a complaint was sent to Senior Superintendent of Police on 09.07.2009.
Learned A.G.A. has nothing to say substantial against it.
In view of the above, as an interim measure it is provided that till the next date of listing or till filing of the police report whichever is earlier the petitioners (Vinod Kumar Shukla, Aditya Shukla, Shiv Adhar Mishra and Pankaj Kumar Mishra) shall not be arrested in Case Crime No.C-2565 of 2009, under Sections 419, 420, 467, 468 I.P.C., Police Station Kotwali Nagar, District Sultanpur subject to their full cooperation in the investigation which shall go on.
Order Date :- 28.1.2010 PAL/