IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 761 of 2006(M/B) Km. Rakhi @ Rakhi Nautiyal, D/o Meer Singh, R/o Village Tikkampur, P.S. Laksar, District Haridwar. ........... Petitioner Versus 1. State of Uttaranchal, through its Secretary, Home, Dehradun. 2. Station House Officer, Police Station Laksar, District Haridwar. 3. Sri Avanish Kumar S/o Mirakpal Singh, R/o House No. 97/II, BHEL, P.S. Ranipur, District Haridwar. ......... Respondents Sri Sanjeev Singh, Advocate for the petitioner. Sri H.C.Pande, Addl. Government Advocate for respondents nos. 1 & 2. Sri Parikshit Saini, Advocate for respondent no. 3. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble Prafulla C. Pant, J. RAJEEV GUPTA, C. J. (Oral) Sri Sanjeev Singh, Advocate for the petitioner. Sri H. C. Pande, Additional Government Advocate for respondents nos. 1 and 2. Sri Parikshit Saini, Advocate for respondent no. 3. They are heard on admission. 2. Petitioner Rakhi has filed this writ petition for the following reliefs: “i) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 16.06.2006 registered as case crime no. 111 of 2006, Under Sections 147, 148, 149, 307, 504, 506, 323, 427, 356 and 302 I.P.C. at Police Station Laksar, District Haridwar. ii) Issue a writ, order direction in the nature of mandamus commanding the respondent no. 1 and 2 not to arrest the petitioners in pursuance to F.I.R. dated 16.06.2006, registered as case crime no. 111/06, Under Sections 147, 148, 149, 307, 504, 506, 323, 427, 356 and 302 I.P.C. at Police Station Laksar, District Haridwar. 2 iii) Issue any other appropriate writ, order or direction which this Hon’ble Court deems fit and proper under the circumstances of the case.” iv) Award cost of the petition.” 3. The petitioner is apprehending her arrest for her alleged involvement in crime no. 111A of 2006 registered at Police Station Laksar, district Haridwar for the alleged commission of the offences punishable under various sections of the Indian Penal Code including 302. 4. The petitioner and her other co-accused persons are alleged to have committed murder of one Mirakpal Singh by causing multiple injuries on him. In the First Information Report, the petitioner has categorically been named as one among the assailants. 5. On due consideration of the submissions of the learned counsel for the parties; serious nature of the allegations against the accused persons in the First Information Report, we are of the opinion that it is not a fit case warranting quashing of the First Information Report and the case registered against the petitioner. 6. The petition, therefore, is liable to be dismissed summarily. 7. However, considering that the petitioner is a woman, we deem it proper to direct that in the event of arrest of petitioner Rakhi by the police or her surrender before the concerning Court, her bail petition shall be taken up for hearing in accordance with law without any undue delay. 8. With the above observation, the writ petition stands disposed of. 9. With the above order, CLMA No. 8003 of 2006 also stands disposed of. (Prafulla C. Pant, J.) (Rajeev Gupta, C. J.) 29.06.2006 29.06.2006 A