Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7325 of 2018 Petitioner :- Monu Thakur And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prayogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 29.1.2018 bearing Case Crime No. 0092 of 2018 pending investigation at Police Station Vijay Nagar, District Ghaziabad pertaining to the offences under Sections 420, 467, 468, 471, 504, 506 I.P.C.
Learned counsel for the petitioners submits that the main accusation in the F.I.R. is against the Gulshan Kumar and Smt. Usha. He further pointed out that the arrest of Smt. Usha has already been stayed by this Court in Writ Petition No. 5269 of 2018.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Vijay Nagar, District Ghaziabad not to arrest the petitioners Monu Thakur, Yogita Thakur in the case referred above, till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 27.3.2018 S.S.
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(Ashok Kumar, J.) (Govind Mathur, J.)