Court No. - 25 Case :- MISC. BENCH No. - 231 of 2010 Petitioner :- Awadhesh Pratap Singh S/O Late Kamta Prasad Singh Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- G.K. Pandey,R.R. Pandey Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case
Crime No. 699 of 2009, under Sections 448, 504, 506, 507 and 352 IPC,
police station Mohanlalganj, District Lucknow.
We have gone through the FIR. It comes out that opposite party no. 4
had given her house on rent to the petitioners and some dispute has
arisen between them with respect to vacating the house and increasing
the rent of which a regular suit was filed by the petitioners vide Regular
Suit No. 242 of 2009 in which orders were passed on 19th August, 2009
and as submitted by the learned counsel for the petitioners the FIR is an
outcome of the same. It is further submitted that when with respect to
vacating the house a suit is going on between the parties, the FIR is a
sham.
Taking into consideration overall aspects of the matter and while going
through the FIR, we direct that the petitioners shall not be arrested in
the aforesaid case crime number till submission of report under Section
169/173 Cr.P.C., provided they cooperate with the investigation, which
shall go on.
With the aforesaid observations/directions, the writ petition stands
disposed of finally.
Order Date :- 13.1.2010
Chauhan/-