IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Writ Petition No. 41 of 2008 1. Ashok Kumar Malik S/o late Sri M.C. Malik 2. Gagan Malik S/o Sri Ashok Kumar Malik Both R/o R –69, New Colony, Gurgaon (Haryana). [ . Petitioner ...………… [ Versus 1. State of Uttarakhand 2. Sri Ashok Khurana R/o Madhav Nikunj Bhuwali, Nainital. 3. S.S.P. Nainital. 4. S.H.O. Tallital, Nainital. ...…………. Respondents Mr. H.C. Pathak, Advocate for the petitioners. None present for respondent No. 2. Mr. M.A. Khan, Brief Holder for the State. Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Mr. M.A. Khan, Brief Holder for the State makes a statement that after completion of investigation, no offence is said to have been made out against the petitioners, namely Ashok Kumar Malik and Gagan Malik. A short counter affidavit has also been filed by the Investigating Officer to this effect. In view of above development, this writ petition has become infructuous. 2 Accordingly, the writ petition is dismissed as infructuous with the observation that the interim order dated 22.01.2008, passed by this Court, shall continue till the final report / police report is received by the court concerned. (Dharam Veer, J.) (Prafulla C. Pant, J.) 23.07.2008 23.07.2008 H.Negi