IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 36 of 2010 Vijay Nath S/o Prithvipal R/o Awas Vikas Colony Kashipur, District Udham Singh Nagar. ………Petitioner. Versus 1. State of Uttarakhand through Secretary (Home) Uttarakhand, Dehradun. 2. Station House Officer Police Station Bhagwanpur District Haridwar. 3. Virendra Kumar Chouhan S/o Late Sri Heera Singh R/o New Awas Vikas Colony Kashipur, District Udham Singh Nagar. …………….Respondents. Shri D.C.S. Rawat, Advocate for the petitioner. Shri S.S. Adhikari, Advocate for respondents No. 1 and 2. Shri Mohd. Azim, Advocate for respondent No. 3. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. Urgency application No. 239 of 2010, is allowed. 3. By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the First Information Report dated 06.01.2010, registered as First Information Report No. 17 of 2010, relating to offences punishable under Sections 452, 323, 504, 506 I.P.C., P.S. Kashipur, District Udham Singh Nagar. 2 4. Learned counsel for the petitioner submitted that the complainant (respondent No. 3) is an Advocate, and Bar Association of Kashipur, has passed the resolution that no one from the members of Bar at Kashipur would defend the petitioner. He submitted that the petitioner is innocent. It is further argued that no offence punishable under Section 452 I.P.C. is made out. 5. Having considered submissions of learned counsel for the parties, and after going through the copy of First Information Report, copy of medical report and other papers on record, this Court is not inclined to interfere with the investigation or to grant relief, prayed by the petitioner. However, as to the fact that the informant is an Advocate at Kashipur, and members of Bar at Kashipur are not ready to defend the petitioner, certain directions are required to be made by this Court. 6. For the reasons as discussed above, this petition is summarily disposed of with the observation that the petitioner may surrender before the court of Chief Judicial Magistrate at Udham Singh Nagar, who may hear and dispose of his bail application, if moved, without unreasonable delay. (Stay application No. 156 of 2010, also stands disposed of). (Prafulla C. Pant, J.) Dt:18.01.2010 Vacation Judge Sweta 3