IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 528 of 2010 1. Anil Kumar S/o late Sri Om Prakash 2. Smt. Rekha Rani W/o Anil Kumar Both R/o 65, Maniram Raod, Onkar Ashram, Rishikesh, District Dehradun. ...…………. Petitioners Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. SHO, P.S. Rishikesh, District Dehradun. 3. Subhash Goel S/o unknown R/o 65, Maniram Road, Onkar Ashram, Rishikesh, District Dehradun. ...…………. Respondents Mr. L.K. Tiwari, Advocate, present for the petitioners. Mr. M.A. Khan, Brief Holder, present for respondents No. 1 and 2. Mr. G.S. Negi, Advocate, present for complainant / respondent No. 3. Hon’ble Prafulla C. Pant, J. A counter affidavit has been filed on behalf of the State. The same be taken on record. 2) Heard. 2 3) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought quashing of the first information report, registered as Crime No. 308 of 2010, relating to offences punishable under Section 147, 454, 427, 506 of I.P.C., police station Rishikesh, District Dehradun. 4) Learned counsel for the petitioners submitted that the petitioners are tenants in the house in question. It is further contended that to pressurize the petitioners to vacate the premises, the first information report in question has been got lodged by respondent No. 3 (complainant Subhash Goel). 5) On the other hand, on behalf of the respondents it is argued that though it is true that a decree of eviction has been passed against the petitioners, but the petitioners have attempted to forcibly occupy other rooms of the building, which were not in the tenancy of the petitioners. It is also alleged that not only the rooms in question were encroached upon, but the belongings of the complainant were removed from there. 6) Having considered submissions of learned counsel for the parties and after going through the papers on record, this Court is of the view that it is not a fit case for interference with the investigation. 3 7) Therefore, without expressing any opinion as to the final merits of the case, the writ petition is dismissed with the observation that if the petitioners Anil Kumar and Smt. Rekha Rani surrender before the court concerned, or arrested, their bail application shall be heard and disposed of without unreasonable delay. (Both Stay Application No. 5355 of 2010 as well as Misc. Application No. 3058 of 2010 also stands disposed of). [[[[ (Prafulla C. Pant, J.) Dt. July 29, 2010. H. Negi 4