1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 895 of 2011 with Stay Application No. 10821 of 2011 Hafeez Shafik S/o Hazi Sageer R/o Mohalla Bargad police station Tanda District Rampur …………… Petitioner Versus 1. State of Uttarakhand, through Secretary, Ministry of Home, Affairs, Uttarakhand, Dehradun. 2. Station House Officer, Police Station Bazpur District Udham Singh Nagar …………..Respondents. Shri Abhishek Verma, Advocate, present for the petitioner Shri S.S.Adhikari, A.G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report No. 183 of 2011, relating to offences punishable under section 398 and 401 of I.P.C., Police Station Bazpur, District Udham Singh Nagar. (3) Learned counsel for the petitioner submitted that incident is said to have taken place on 27.05.2011. It is further submitted that the petitioner was hospitalized in Rampur between 22.07.2011 t o 28.07.2011. The above plea of alibi is factual in nature and can not be examined by this court in its writ jurisdiction. Another argument advanced on behalf of the petitioner is that it is hard to believe that the stolen cattles can be taken in a Safari vehicle. (4) Having considered submissions of learned counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits in the matter, this court is not inclined to interfere with the 3 investigation of the case. Therefore, the writ petition is dismissed summarily, with the observation that if the petitioner Hafeez Shafik surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, considering the plea of his alibi etc. (Stay Application No. 10821 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Dt.13.10.2011 NP