IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL URGENCY APPLICATION NO.1749 OF 2010 STAY APPLICATION NO.2678 OF 2010 IN CRIMINAL WRIT PETITION NO.277 OF 2010 Sandeep Shokeen @ Pahalwan ……… Petitioner Versus State of Uttarakhand & two others ……… Respondents Dated: May 21, 2010 Mr. Navnish Negi, Advocate for the petitioner Mr. Amit Bhatt, Additional Government Advocate for the State HON. DHARAM VEER, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the First Information Report, which is registered at Police Station Kotwali Pauri, District Pauri Garhwal as Case Crime No.219 of 2010 relating to offence punishable under Section 420 of IPC. A further mandamus has been sought commanding the respondents not to arrest the petitioner in connection with the aforesaid crime during the pendency of this writ petition. Urgency Application No.1749 of 2010 is allowed. Heard learned counsel for the parties and perused the material available on file. In brief, the prosecution case is that on 29.1.2010 Rajendra Prasad lodged the First Information Report at P.S. Kotwali Pauri stating therein that the petitioner Sandeep Shaukeen with the help of his subordinates Surendra Kumar and Lokesh was running a computer center with the name of Shokeenda I.I.T. at Mall Road, Pauri. The complainant also enrolled his son in the same institute and 2 deposited Rs.9,500/- as entrance fees. Thereafter he also deposited Rs.25,000/- fees in twenty five months in the computer center. It is also alleged that besides his son, Bharat Patwal, Tasleem Javed, Arun Bajhwal, Janardhan Bhatt, Naseem Beg, Adbul Lateek and others, about 150 students were getting training from the said center. But in June 2009, Sandeep Shukeen, owner of the computer center, closed the computer center without any prior notice to the students and thus dishonestly grabbed money from the parents of students. It is also alleged that from the year 2007 to June 2009 the said institute taken the fees from all the students in lumpsum and also taken the monthly fees. It is also alleged that the complainant and others were requesting to the petitioner to refund the fees but till now the petitioner has neither refunded the fees nor he has provided training to the students. With the same averments, Rajendra Prasad Chandola lodged the FIR on 29.1.2010 at P.S. Kotwali Pauri against the present petitioner. On a careful perusal of the contents of the FIR and after hearing the learned counsel for the parties, a prima facie case u/s 420 of IPC is made out against the petitioner. After considering the entire facts and circumstances of the case and upon hearing learned counsel for the parties as well as on perusal of FIR, the petitioner is not entitled for any relief by this Court. The writ petition is devoid of any merits and the same is hereby dismissed. (Stay Application No.2678 of 2010 is also dismissed). (Dharam Veer, J.) 21.5.2010 RG