IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.850 of 2011 Jaipal Singh Rawat, S/o Shri Jagat Singh Rawat, Presently posted as Range Officer Naitwar, Govind Wildlife Sanctuary, Purola, District Uttarkashi. Permanent resident of Village and Post Banjarawala, P.S. Patel Nagar, Dehradun, District Dehradun. ….…..Petitioner Versus 1- State of Uttarakhand through Secretary Home, Secretariat, Dehradun. 2- The Senior Superintendent of Police, District Haridwar. 3- Station House Officer, P.S. Ranipur, District Haridwar. 4- Sandeep Kumar S/o Late Shri Babu Lal, R/o Mullawala, P.S. Doiwala, Dehradun, District Dehradun. ……Respondents Mr. B.B.Sharma, Advocate, present for the petitioner. Mr. T.C. Agarwal, Additional G.A., present for the State. 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 the First Information Report, registered as Crime No.378 of 2010, relating of offence punishable under Section 302 I.P.C., Police Station-Ranipur, District- Hardwar. 2 3) It is admitted in the First Information Report that complainant’s father Babu Lal (deceased) had entered in reserve forest. It appears that he was killed. There are cross versions of the incident. In the First Information Report, lodged by the forest officials, it is alleged that the deceased was involved in poaching at the time of incident and he fired shots at the officers of the Forest Department, who were on duty in “Operation Arundhati”. On the other hand, the son of the deceased has lodged First Information Report, relating to offence punishable under Section 302 I.P.C. that his father was killed by the forest officials. 4) It is pleaded on behalf of the petitioner that petitioner has committed no offence in the eyes of law and the First Information Report in question be quashed. 5) However, after considering submissions of learned counsel for the petitioner, and the learned counsel for the State and after perusal of the affidavit, counter affidavit and rejoinder affidavit, in the above circumstances of the case, though, this Court is of the view that at the most, it is a case of Section 304 of I.P.C., if proved, but not a case, in which, the First Information Report should be quashed. 6) Therefore, without expressing any opinion, as to final merits in the matter, the writ petition is disposed of, with the observation that if the petitioner Jaipal Singh Rawat, Range Officer, surrenders before the court concerned, his bail application shall be heard and disposed of without 3 unreasonable delay, keeping in mind that he was on duty in discharge of his public function at the time of incident, and even if the contents of First Information Report taken to be true, it is not a case of Section 302 of I.P.C. but Section 304 of I.P.C. (CLMA No. 10243 of 2011, and IA. No. 4044 of 2011, stand disposed of). (Prafulla C. Pant, J.) 11.11.2011 JM