IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 205 of 2009 Zahid Hussain S/o Sri Sabir Hussain …… Petitioner Versus State of Uttarakhand and others ..…. Respondents Mr. Lokendra Dobhal, Advocate for the petitioner. Mr. G.S. Sandhu, Government Advocate for the respondent Nos. 1 and 2. None for respondent No.3. Hon’ble J.C.S. Rawat, J. Mr. Lokendra Dobhal, Advocate for the petitioner. Mr. G.S. Sandhu, Government Advocate for the respondent Nos. 1 and 2. None for respondent No.3. 2. On due consideration of the submission of the learned counsel for the parties; contents of the F.I.R.; and submission of Anwar Hussain in the dying declaration recorded by the Tehsildar at Moradabad Hospital, I do not find that the petitioner is entitled to get the reliefs claimed in the writ petition. 3. I am refraining from commenting on the merits of the case lest it may adversely affect the petitioner’s case at the trial, which is yet to start. 4. The observation made in this petition shall not prejudice the trial court during the hearing of the bail petition or during the trial. 5. The writ petition, therefore, fails and is liable to be dismissed and is hereby dismissed in summarily. 6. While parting with the case, the Investigating Officer Sanjay Joshi has filed a counter affidavit in which he has stated there is no prima-facie against the co-accused Sabir Hussain, Smt. Nafisa Begum and Km. Zahida and on the basis of the affidavit, the Court passed the 2 suitable order in WPCRL No.94 of 2009. While hearing this petition, it is revealed that there was sufficient evidence against the accused when it was brought before me by the learned G.A. It is expedient in the interest of the justice that notice be issued to Sub-Inspector Sanjay Joshi as to why proceedings be not drawn against him in accordance with law for submitting a false affidavit before this Court. By submitting the false and wrong facts, Sub-Inspector, Sanjay Joshi has also obstructed the process of law in granting the relief to the accused. He is directed to submit his reply and appear in person by 22nd May, 2009. 7. Registry is directed to register a Miscellaneous Case and post this matter on 22nd May, 2009 before this Court. (J.C.S. Rawat, J.) 01.05.2009 Shiv