IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 756 of 2006 (M/B) Naresh Kumar Sharma, S/o Sri Keshav Ram Sharma, R/o Sankrayan Subhash Nagar, Gandhi Colony, Muzaffarnagar (U.P.). .......... Petitioner Versus 1. State of Uttaranchal, through Home Secretary, Ministry of Home Affairs, Govt. of Uttaranchal, Dehradun. 2. Superintendent of Police, District Haridwar. 3. Station House Officer, P.S. Kotwali, Roorkee, District Haridwar. 4. Vikas Kumar Rudkiwal, S/o Late Radhey Shayam, Superintending Engineer, R/o 108 United India Apartments, Mayur Vihar, Near Samachar Apartments, Delhi – 110091. ........... Respondents Mr. B.N. Tiwari, Advocate for the petitioner. Mr. D.K. Sharma, Government Advocate for respondents Nos. 1 to 3. None for respondent No. 4. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble Prafulla C. Pant, J. RAJEEV GUPTA, C. J. (Oral) Mr. B.N. Tiwari, Advocate for the petitioner. Mr. D.K. Sharma, Government Advocate for respondents Nos. 1 to 3. None for respondent No. 4. They are heard on admission. 2. Petitioner Naresh Kumar Sharma has filed this writ petition for the following reliefs: “a) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in crime no. 182/2006 U/S 302 IPC of P.S. 2 Kotwali Roorkee, district Haridwar filed as annexure-3 to the writ petition. b) Issue a writ order or direction in the nature of mandamus directing for an investigation in the murder of superintending engineer Radhey Shayam by the CBI. c) pass any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. d) Award cost of the petitioner in favour of the petitioner.” 3. The petitioner apprehends his arrest for his alleged involvement in Crime No. 182 of 2006 registered at Police Station Kotwali Roorkee, District Haridwar for the alleged commission of the offence punishable under Section 302 of the I. P. C. 4. According to the First Information Report (Annexure No. 3) Radhey Shyam, Superintending Engineer, Irrigation Department posted at Roorkee, was shot dead by three assailants in broad day light in the township of Roorkee. The first informant has categorically stated in the First Information Report that he and his aunt i.e. sister of the deceased have seen the assailants and would identify them. 5. On due consideration of the submissions of the learned counsel for the parties and considering the highhanded manner in which the assailants are said to have shot dead a Superintending Engineer in broad day light at his residence in the heart of township of Roorkee, we do not find any ground for grant of any of the reliefs sought by the petitioner. 6. The writ petition, therefore, is liable to be dismissed and is, hereby, dismissed summarily. 7. Consequently, CLMA No. 7950 of 2006 also stands dismissed. (Prafulla C. Pant, J.) (Rajeev Gupta, C. J.) 28.06.2006 28.06.2006 G