- (1.) Y. R. Tripathi, J. Heard learned counsel for the petitioners and the AGA, who has accepted notice on behalf of the State.
(2.) NOTICE need not be sent to the opposite party No. 2 and is hereby dispensed with. With the consent of the parties' counsel, I proceed to dispose of this petition at the stage of admission itself. The petitioners, against whom a case has been directed to be registered on an application of opposite party No. 2 made under sub-section (3) of Section 156 of the Code of Criminal Procedure (hereinafter referred to as the 'code'), have come up in this petition under Section 482 of the Code for quashing of the order impugned dated 10-11-2003 passed by the Chief Judicial Magistrate, Lakhimpur Kheri.
(3.) IT appears that opposite party No. 2 obtained a loan for purchase of a vehicle from supreme financers and investment and entered into a hire-purchase agreement, which contained stipulation to the effect that in the event of failure of payment of installments by opposite party No. 2, the financer company shall have right to resume possession of the vehicle. IT further appears that the financer company resumed the possession of the vehicle on the ground of failure of opposite party No. 2 to pay the installments. The possession, it appears, subsequently was given to the opposite party No. 2 under some order by District Magistrate, Lakhimpur Kheri. IT was thereafter that opposite party No. 2 made an application under sub-section (3) of Section 156 of the Code, alleging that the petitioners after the making over of the possession of the vehicle threatened and insulted him. On the said application of the opposite party No. 2, the learned Magistrate passed the impugned order directing the registration of a case and its investigation by the police. The learned counsel for the petitioners' urges that he does not press this petition on merit. He, however, contended that since the allegations against the petitioners appear to have been made in vengeance, a direction be made to the investigating agency not to arrest the petitioners till evidence, connecting them with the crime, is collected by it.;