1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 742 of 2011 Radhey Shyam Saxena S/o Shri Kaushal Kishore (Husband of late Kanta Devi Female Head Constable) R/o Jail Line, District Jail Roshnabad District Haridwar …..…Petitioner Versus 1. State of Uttarakhand through its Secretary Home Dehradun 2. Station House Officer, P.S. Ranipur District Haridwar 3. Shri Mahendra Singh Gwal Police Inspector, District Jail Roshnabad, District Haridwar ……….Respondents Mrs. Indu Sharma, Advocate, present for the petitioner. Mr. S.S. Adhikari, A.G.A., present for the State. Hon'ble Prafulla C. Pant, J. Heard. 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 dated 18.08.2011, registered as crime no. 319 of 2011, 2 relating to offences punishable under section 447, 448 IPC, and one punishable under section 11 of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972, Police Station Ranipur, District Haridwar. 3. Learned counsel for the petitioner submitted that the petitioner is husband of Kanta who was Female Head Constable in District Jail, Haridwar. Said employee died on 08.06.2009. Since then, the government quarter in jail premises is said to have been not vacated. After, several requests and notices were issued to the petitioner. It is mentioned in the FIR that it is causing security threat in the jail premises of the Government. 4. Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case. 5. Therefore, this writ petition is dismissed summarily with the observation that if the petitioner Radhey Shyan Saxena surrenders before the court concerned his bail application shall be 3 heard, and disposed of without unreasonable delay. (Stay application no. 8970 of 2011, stands disposed of) (Prafulla C. Pant, J.) Parul 30.08.2011