IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.988 of 2010 1. Smt. Juli Mangal W/o Shri Vishal Mangal R/o Radhika Kunj, Officer Colony, Canal Road, Tikoniya, Haldwani, Distt. Nainital 2.Govind Prasad Mangal S/o Shri Madan Lal Mangal, R/o Radhika Kunj, Officer Colony, Canal Road, Tikoniya, Haldwani, Distt. Naintial …..Petitioners Versus 1.State of Uttarakhand, through Secretary Home, Dehradun 2.Senior Superintendent of Police, Nainital. 3.S.H.O., P.S. Haldwani, Distt. Nainital ….Respondents Shri Piyush Garg, Advocate present for the petitioners. Shri Amit Bhatt, A.G.A. present for the State/respondents. Dated: 16h March, 2011 Coram: Hon’ble Prafulla C. Pant, J. Hon’ble V.K. Bist, J. Prafulla C. Pant, J. (Oral) Heard. 2. By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought transfer of investigation of Crime/ F.I.R. no. 364 of 2010 registered at Police Station Haldwani relating to the offence punishable under Section 364 A I.P.C. to Central Bureau of Investigation. 2 3. A counter affidavit has been filed on behalf of the respondents showing the progress of investigation by the Investigating Officer. 4. However, meanwhile it appears that the State of Uttarakhand has already issued notification no.1029/XX(1)/188/C.B.I. enquiry/ 2010 dated 18th February, 2011 (Home Department Section 1) whereby the State Government has given its permission for investigation by the Investigating Agency under Delhi Special Police Establishment Act, 1946, which indicates that steps being taken by the State Government for C.B.I. enquiry. 5. In view of the above development, this writ petition appears to be infructuous. Accordingly, the writ petition is disposed of as infructuous. 6. Interim Relief Application no.9893 of 2009 also stands disposed of. (V.K. Bist, J.) (Prafulla C. Pant, J.) 16.03.2011 Arpan