IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. WRIT PETITION NO. 1082/2011 (Under Article 226 of the Constitution of India) Yashvardhan Rastogi …….Petitioner Versus State of Uttarakhand & others ……Respondents 19th December, 2011 Hon’ble Servesh Kumar Gupta, J. Heard Mr. Gopal K. Verma, Advocate for the petitioner and Mr. P.S. Bohara, Brief Holder for the State/respondent nos.1 and 2 as well as Mr. Ramji Srivastava with Mr. D.K. Sharma & Mr. Vipul Sharma, Advocates for the private respondent no.3. I do not find any substance in the preliminary objection raised by learned Counsel for the respondent no.3 that the present writ petition is liable to be dismissed at the very threshold for want of necessary parties. In any case, the Station House Officer as well as the State of Uttarakhand through Secretary Home, Dehradun, have already been impleaded as the respondents. Admit the petition. List this petition on 27.12.2011 along with WPCRL No.1070 of 2011 (Dr. Atul Krishna Vs. State of Uttarakhand & another) positively. By that time, learned counsel for the respondent nay learned Brief Holder on behalf of the State/SHO are directed to file the counter affidavit. Having heard learned Counsel for the parties and after considering the facts and circumstances of the case, as an interim measure, it is directed that the petitioner shall not be arrested till the next date of listing i.e. 27.12.2011 in connection with FIR No.210/11, Case Crime No. 182/11 2 under Sections 420, 406, 120B, 504 and 506 IPC, pertaining to Police Station Dalanwala, District Dehradun. Petitioner shall cooperate with the investigating agency. (Stay application no.13107/2011 stands disposed of) (Servesh Kumar Gupta, J.) 19.12.2011 Rajeev Dang