IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (CRL) No. 669 of 2010 Aftab …Petitioner Versus State of Uttarakhand and another …Respondents Mr. Mohd. Umar, learned counsel for the petitioner. Mr. Nandan Arya, learned A.G.A. for the State/respondents. Dated 10th August, 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of mandamus directing the S.S.P., Haridwar and Station House Officer, Police Station Pathri, district Haridwar for conducting the investigation of case crime no. 49 of 2010, under Section 364-A of the I.P.C. in a fair and impartial manner. Heard Sri Mohd. Umar, learned counsel for the petitioner, Mr. Nandan Arya, learned counsel for the respondents and perused the material available on record. It appears that the police did not lodge the first information report, thereafter the petitioner filed an application under Section 156 (3) of the Cr.P.C. before the Judicial Magistrate, Haridwar and after taking cognizance the Magistrate passed the order and the report could be lodged on 30th April 2010. Still grievance of the petitioner is that even after the order passed by the Magistrate, the police has not been taking any interest in the investigation of the case and the investigation of the case has not proceeded further at all. Hence, this writ petition. 2 Having considered the submissions raised by learned counsel for the parties and after perusal of the record, we are of the view that in this case this Court is not supposed to direct the investigating agency to conduct the investigation in a particular manner. However, in case if the investigation is not proceeded further, then we direct the respondents nos. 2 and 3 to expedite the investigation of case crime no. 49 of 2010 under Section 364-A of the I.P.C. and submit the report preferably within a period of three months from the date of production of certified copy of the order. With the aforesaid observations, the writ petition is finally disposed of. (Nirmal Yadav, J.) (B.C. Kandpal, J.) VKG 10.08.2010