Court No. - 25 Case :- MISC. BENCH No. - 128 of 2010 Petitioner :- Sandeep Singh & Ors. S/O Awadhesh Pratap Singh Respondent :- State Of U.P. Thru Prin. 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 learned Additional Government
Advocate.
Under challenge is FIR relating to Case Crime No. 700 of 2009, under
Sections 406, 419, 420 & 506 IPC, police-station Mohan Lal Ganj, district
Lucknow.
We have gone through the contents of the FIR as well as the other documents
annexed hereto.
Argument advanced by the learned counsel for the petitioners is that since the
petitioners had given certain amount of money to respondent no. 4 which was
being asked to be returned. But instead of returning money by the respondent
no. 4, threatening for life was given by him. Even the petitioners have made a
complaint to A.D.G., Lucknow on 16.09.2009 and also had filed a Complaint
Case No. 9919 of 2009 on 09.12.2009 under Sections 420, 406, 467, 468,
471,504 & 506 IPC in the court of Judicial Magistrate III, Faizabad, as such,
this FIR is an outcome of the same and has been lodged with an ulterior
motive.
Accordingly, let notice be issued to opposite-party no.4 returnable at an early
date.
Opposite-parties may file counter-affidavit within six weeks. Rejoinder
affidavit, if any, may be filed by the petitioners within next two weeks.
List after expiry of aforesaid period.
We hereby direct that the petitioners shall not be arrested in the aforesaid case
crime number till the next date of listing or submission of charge-sheet,
whichever is earlier, provided they cooperate with the investigation, which
shall go on.
Order Date :- 8.1.2010
Kaushal