IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL STAY APPLICATION NO.1667 OF 2010 IN CRIMINAL WRIT PETITION NO.189 OF 2010 Ilam & six others ……… Petitioners Versus State of Uttarakhand & two others ……… Respondents Dated: March 19, 2010 Mr. Vivek Shukla, Advocate for the petitioners. Mr. M.A. Khan, Brief Holder for the State/Respondents No.1 and 2. Mr. Niranjan Bhatt, Advocate holding brief of Mr. Sanjeev Singh, Advocate for the respondent no.3. HON. DHARAM VEER, J. By means of this writ petition, the petitioners have sought writ in the nature of certiorari quashing the First Information Report which has been registered at Police Station Bhagwanpur, District Haridwar as Case Crime No.57 of 2010 relating to offences punishable under Sections 302 and 201 of I.P.C. A further mandamus has been sought commanding and directing the respondent nos.1 and 2 not to arrest the present petitioners during the pendency of this writ petition. Heard learned counsel for the parties and perused the material on file. Brief facts of the case are that Mange Ram (respondent no.3) got lodged the First Information Report at P.S. Bhagwanpur against the present petitioners alleging that his sister was married to Petitioner No.3 Sunil about ten years back. On 5.3.2010 he and his family members were informed by some one that his sister has been murdered by the petitioners. On this information, he and his family members reached 2 the house of the petitioners. But before they could reach on the spot, the petitioners have taken the dead body to the cremation ground. The petitioners did not allow them to see the dead body of his sister. When the complainant and his family members tried to see the dead body forcibly then the petitioners burnt the dead body by pouring kerosene oil on it. The petitioners also threatened them that if they will inform about the said incident in the court or police station then they will be murdered. It is alleged in the FIR that the present petitioners have committed murder of Smt. Mamta. From a perusal of the First Information Report, prima facie it reveals the offences u/s 302 and 201 of IPC are made out against the petitioners. The allegations in the F.I.R. are of serious nature, which requires investigation. Having considered the submissions of learned counsel for the petitioners and that of learned brief holder for the State and after going through the contents of the First Information Report, in view of the seriousness of the allegations made in the First Information Report, I am not inclined to interfere with the investigation in the present matter. The writ petition is dismissed in limine. (Stay Application No.1667 of 2010 stands disposed of). (Dharam Veer, J.) 19.03.2010 RG