SHOBIT NEHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V. P. Srivastava, learned Senior Counsel assisted by Sri Rahul Chaudhary and Sri Salil Singh, learned counsel for the petitioners; learned A.G.A. for the State-respondent no.1 and 2 and Sri Vinay Sharan, learned Senior Counsel assisted by Sri Atul Kumar Shahi, learned counsel for respondent no.3.

(2.) The present writ petition has been preferred with the prayer to quash the impugned First Information Report dtd. 20/4/2024, registered as Case Crime No. 0265 of 2024, under Ss. - 436, 450, 392 and 120-B IPC, Police Station- Modi Nagar, District- Commissionerate Ghaziabad (Rural), and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

(3.) There is allegation in the FIR that Multanimal Modi Degree College Society is a registered society and Sandeep Kumar Yadav is Secretary of the same. Modi Industries Limited is a registered company and Mr. Umesh Kumar Modi is its Managing Director of the same and petitioner no. 1 is its Company Secretary. Various educational institutions are being run by the society aforesaid and most of the records of society were kept in the office of society at Modi Bhawan, Modi Nagar. Officials of Modi Industries Limited, including the petitioners were breaking the roof of the aforesaid office and were threatening to wipe off the same. On application by informant, police stopped the demolition of the same on 10/12/2022. The petitioners and other employees of the Modi Industries Limited set on fire the records of society and robbed other goods kept in office so that the evidence in the on going civil suit between the parties may be destroyed. When the court Amin visited the disputed office of society, he found two locks on the office. One was opened but the employees of Modi Industries Limited had put another lock which they refused to open. The above act of the petitioners amounts to commission of crime of robbery.