Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7704 of 2018 Petitioner :- Vikash Arora And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Chandra Bhan Dubey, learned counsel for the petitioners and learned AGA for the State-respondents.
This petition for writ is before us to have a direction to quash the FIR dated 18.3.2018 bearing Case Crime No.185 of 2018, pending investigation at Police Station Modi Nagar District Ghaziabad for the offences punishable under Section 328 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India.
So far as the stay of the arrest of the petitioner no.1 namely Vikash Arora is concerned, we would like to state that definite allegations are made against him. In view of it petitioner no.1 is certainly required for investigation in the matter. Writ petition on his behalf is dismissed in entirety.
However, looking to the merits of the case and the surrounding circumstances, we deem it appropriate to direct the Station House Officer, respondent no.2 not to arrest the remaining petitioners no.2, 3, 4 and 5 namely Ramesh Arora, Smt. Suresh Arora, Priyanka Arora and Garima Arora respectively in relation to FIR, referred to above, till submission of the police report under the provisions of Section 173 (2) of the Code of Criminal Procedure. The petitioners shall cooperate the investigating agency during the course of investigation.
Petition to the extent of petitioners no.2, 3, 4 and 5 stands disposed of as above.
Order Date :- 29.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)