IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal writ Petition No. 84 of 2009 Mukesh Kumar Jain S/o Sri Gyanendra Kumar Jain ....... Petitioners Versus State of Uttarakhand and Others. ....... Respondents Mr. Lalit Sharma, Advocate vice Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No. 3. Hon’ble J.C.S. Rawat, J. Mr. Lalit Sharma, Advocate vice Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for the respondent Nos. 1 and 2. None for respondent No.3. 2. After due consideration of the submissions of the learned counsel for the parties; contents of para 5 of the counter affidavit which reads as “That the investigation of the matter is still going on and above said Mukesh Kumar was called by the deponent only for recording his statement under section 161 Cr.P.C. and the name of Mukesh Kumar has not been opened as an accused and thus, the above said Mukesh Kumar is not an accused from the investigation conducted so far”; the fact that in view of the above, the accused/petitioner is not wanted in this case; however if the petitioner is to be arrested and if his involvement is found by the police in Case Crime No.10 of 2009, the Investigation Officer shall obtain the permission of this Court for the same. 3. The writ petition is disposed of accordingly. (J.C.S. Rawat, J.) 25.03.2009 Shiv