IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1036 of 2010 1. Puran Chandra Kandpal S/o Pandev Kandpal R/o Bhatnayal Jula, P.O. Manan District Almora 2. Sanjay Kandpal S/o Puran Chandra Kandpal R/o E-407 Gali No. 7, Hardevpuri Sahdara, Delhi 93 …..…Petitioners Versus 1. State of Uttarakhand through Secretary of Home, Uttarakhand Govt. Dehradun 2. S.H.O. Police Station-Someshwar District Almora 3. Shri Girish Chandra Joshi S/o Late Shri Laxmi Dutt R/o Village Peye (Garur) P.S. Baijnath District Bageshwar ……….Respondents Smt. Pushpa Joshi, Advocate, present for the petitioners. Shri M.A. Khan, Brief Holder, present for the State Shri M.C. Bhatt and Shri K.K. Joshi, Advocates, present for the complainant. Hon'ble Prafulla C. Pant, J. 2 Heard. 2. By means of this petition moved under Article 226 of Constitution of India, the petitioners have sought writ in the nature of certiorari for quashing the first information report dated 29.11.2010 (FIR No. 816 of 2010) relating to offences punishable under section 498A, 304B IPC, and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station Someshwara, District Almora. 3. Heard, and perused the affidavits filed on behalf of the above parties. 4. Learned counsel for the petitioners drew attention of this Court to the dying declaration (copy of which is Annex. 1 to the supplementary affidavit) in which deceased had not named anyone for her death. However, on behalf of the complainant, and the State it is contended that the deceased had died unnatural death within a period of seven years of her marriage,and it is alleged by the complainant (father of the deceased) that demand of dowry was made by the husband and in laws. 5. Considering the nature of offence, and other circumstances of the case, without expressing any 3 opinion as to merits of the case, this Court is not inclined to interfere with the investigation of the case. 6. The writ petition is dismissed summarily with the observation if the petitioners Puran Chandra Kandpal and Sanjay Kandpal surrender before the court concerned their bail application shall be heard and disposed of without unreasonable delay. (Stay application no. 10314 of 2010, also stands disposed of). (Prafulla C. Pant,J.) Parul 03.01.2011