IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.589 of 2012 (Criminal) With CLMA No.6615/2012 (Stay Application) 1. Laxman Singh Negi 2. Pankaj Dhony ………..Petitioners Versus State of Uttarakhand and others ………Respondents Dated: September 5, 2012 Hon’ble Servesh Kumar Gupta, J. Mr. P.S. Rawat, Advocate, for the petitioners. Mr. M.A. Khan, AGA, for the State/ respondent nos.1 and 2. Mr. Lokendra Dobhal, Advocate, for respondent no.3. Admit the petition. The respondents are directed to file the counter affidavit within four weeks. Having heard learned counsel for the parties, it transpires that there was an agreement to sell for execution of a sale deed pertaining to five shops and a house on the first floor built over those shops. This property was owned by respondent no.3 whereas, the purchaser was Sri Shyam Singh Negi, father of petitioner no.1. Sri Negi paid Rs.21.00 lakh to respondent no.3 as an advance consideration of the transaction. The entire transaction was for Rs.56.00 lakh. Later on, respondent no.3 retracted from the agreement to sale, so an F.I.R. was lodged by Sri S.S. Negi against him for the offences under Section 420/406 IPC, which resulted into the submission of chargesheet under the said offences against Sri Lohani, giving rise to crime no.3263 of 2010, State Vs. M.C. 2 Lohani, pending in the court of Addl. CJM, Haldwani. Sri Lohani moved a C482 petition no.131/2011 wherein this Court stayed the further proceedings subject to the return of Rs.21.00 lakh to Sri Negi by Sri Lohani. But the money was not refunded which was the condition imposed by this Court. Accordingly, on 18.6.2012, this Court vacated the stay earlier granted on 3.2.2011. Now, just after four days, the impugned FIR has been lodged by respondent no.3 against the petitioners, which in the opinion of the Court, appears to be a counterblast. In the circumstances, it is hereby directed that till the next date of listing, the petitioners shall not be arrested in connection with F.I.R. No.243/ 2012 under Sections 380/448/ 454 IPC, at P.S. Haldwani, Distt. Nainital, provided they cooperate with the investigating agency. List after four weeks. (Interim relief application no.6615/12 stands disposed of accordingly) (Servesh Kumar Gupta, J.) 05.09.2012 Rdang