Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 10835 of 2010 Petitioner :- Vinit Kumar Jaiswal Respondent :- State Of U.P. & Others Petitioner Counsel :- P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble V.K. Shukla,J.
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