IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1084 of 2011 with Stay Application No. 13120 of 2011 Sukwant Singh S/o Karnal Singh R/o Jhootpur P.S Chorgalia District Nainital Ex Forest Guard Dhaulkhand Range Rajaji, National Park, Dehradun at present posted at Tarai East Forest Devision, Haldwani In Ransali Forest Range Haldwani Nainital …………… Petitioner Versus 1. The State of Uttarakhand, through Home Secretary Secretariat Dehradun 2. The Senior Superintendent of Police District Hardwar 3. Station House Officer P.S.Kotwali Ranipur District Hardwar 4. Investigating Officer Kotwali Ranipur District Hardwar 5. Sri Sandeep Kumar S/o Late Sri Babu Lal R/o Mullawala, P.S.Doiwala District Dehradun …………..Respondents. Shri R.K.Tyagi, Advocate, present for the petitioner Shri B.S.Parihar, Brief Holder, present for the respondents/State. 2 Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report No. 393 of 2010 (Crime No. 378 of 2010), relating to offence punishable under section 302 of I.P.C., Police Station Ranipur. (3) Learned counsel for the petitioner submitted that petitioner is a public servant (Forest Official). It is pointed out that from the First Information Report itself it is clear that the complainant's father Babu Lal (deceased) had trespassed the reserve forest. There are cross versions of the incident regarding the killing of the father of the complainant. The case of the forest department is that their official in “ Operation Arundati ” had acted in discharge of their duties, and did not kill Babu Lal. (4) Having considered submissions of learned counsel for the petitioner, and learned counsel for 3 the state, and after going through the papers on record, this court finds that even if the version of the complainant is taken to be true, it is a case of 304 of I.P.C., only. (5) In the above circumstances, without expressing any opinion as to final merits of the case, the writ petition is disposed of with the observation that if the petitioner Sukwant Singh , surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that the petitioner was on duty in discharge of his public function at the time of the incident. (Stay Application No. 13120 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.16.12.2011 NP