IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 298/2010 Mohd. Yakoob & Ors …….Petitioners Versus State of Uttarakhand & Ors. …….Respondents Mr. Manish Arora, Advocate for the petitioners. Mr. Amit Bhatt, Addl. GA for the State/respondents no. 1 & 2. April 28, 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. 44 of 2010 under Section 147, 148, 149, 452, 504, 323, 307, 427, 506 IPC, PS Pathari, District Haridwar. Heard learned Counsel for the parties and perused the record. In brief, the prosecution case is that on 13.4.2010 at about 11 am, when Suleman was in his house then the petitioners along with other co-accused, viz., Javed, Noor Ahmad, Ahmad Hasan, Altaf and Shahjad, who because of previous enmity, forcibly entered into his house and hurled abuses and said that they would not leave him alive today. Yakoob shot at Suleman. Kamrej, Javed, Juber, Mamood, Noor Ahmad, Taseen, Mobin, Kasim, Altaf, who were armed with guns and tamanchas fired with intention to kill which hit Suleman and Muzzafar. Iqbal and Kasim also caused injuries with the but of the gun. Tasmeem and Farmani were also beaten when they came to save Suleman. Ibrahim and Ajam were also armed with gun and they also fired which hit the wall. The petitioners along with aforesaid other co-accused also demolished the shops of Meharban, the brother of the complainant Riyasat and injured Suleman. They also looted the goods kept inside the shops and thus, inflicted a loss of about one lakh rupees. The incident was witnessed by the other villagers, viz., Irshad, Yunus, Akhtar, Sharafat, etc. The petitioners and the aforementioned other co-accused had also committed marpit with the complainant and his family members on the previous occasions. It was further stated in the FIR that since Suleman, the brother of the complainant received severe injuries, hence he was referred to Dehradun and as his condition remained serious, therefore, he was further referred to Meerut where he is being treated and his condition is still very serious. Since the complainant remained busy in connection with the treatment of Suleman, therefore, FIR was not immediately lodged on the same day. With these averments, an FIR has been lodged by Riyasat on 15.4.2010 at 4.30 pm. The injury report of Suleman reveals that he suffered as many as nine injuries which are on the vital parts of his body and in the opinion of the Medical Officer, all the injuries were caused by firearm. There are other injured also, viz. Muzzafar, Tasmeem and Farmani, who have received the injuries in the said incident. The petitioners along with other co-accused caused injuries to Suleman inside his house with intention to kill him and he is still under treatment. The averments made in the FIR are corroborated by the medical report. Having heard the submissions of learned Counsel for the parties; the perusal of the contents of FIR, injury report of Sulemaqn and other papers available on record and the facts and circumstances of the case indicate that a prima facie case under Section 147, 148, 149, 452, 504, 323, 307, 427, 506 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.) 28.4.2010 PRABODH 2