IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 445/2010 Roshan Lal Kshyap & Ors. …….Petitioners Versus State of Uttarakhand & Ors. …….Respondents Mr. SC Bhatt, Advocate for the petitioners. Mr. Prabhakar Joshi, Brief Holder for the State/respondents no. 1 to 3. June 30, 2010 Hon’ble Dharam Veer, J. This writ petition has been filed seeking a writ in the nature of certiorari for quashing the FIR of Case Crime No. 169/2010 under Section 363, 366 IPC, PS Jawalapur, District Haridwar. Heard learned Counsel for the parties and perused the record. In brief, the prosecution case is that on 28.5.2010 at 1.45 pm, the petitioners along with co-accused Sunil Kashyap kidnapped Km. Chitra. This incident was seen by Shailendra Singh and Yogendra Gaur, who had informed the complainant. Then the complainant Rajesh Kumar, brother of Km. Chitra lodged the report with PS Jawalapur on 1.6.2010 at 6.35 am. The State has filed counter affidavit sworn in by SI Ram Singh Gusain, the I.O. of the case, who has supported the version made in the FIR and has also annexed the statement of Rajesh Kumar and Yogendra Gaur recorded under Section 161 CrPC. The averments made in the FIR find corroboration from the aforesaid statements. Learned Brief Holder for the State further submitted that the victim Km. Chitra could not be recovered till today. Having heard the submissions of learned Counsel for the parties; the perusal of the contents of FIR, statements of Rajesh Kumar and eyewitness Yogendra Gaur recorded under Section 161 CrPC and other papers available on record and the facts and circumstances of the case indicate that a prima facie case under Section 363, 366 IPC is made out against the petitioners, who are not entitled to get any relief at this Stage. Therefore, no interference is required by this Court at this stage. In the result, the writ petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 30.6.2010 PRABODH 2