IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Writ Petition No. 193 of 2010 Haseen & Another ….. Petitioners Versus State of Uttarakhand & Others ….Respondents Mohd. Safdar, Advocate for the petitioners. Mr. Amit Bhatt, Addl. GA for the State/respondents no 1 & 2. ……………………… March 23, 2010 Hon. Dharam Veer, J. By means of this writ petition, the petitioners have prayed for a writ of certiorari for quashing the FIR dated 28.2.2010 registered as Case Crime No. 128/2010 under Section 323, 504, 506 IPC, PS Kotwali Roorkee, District Haridwar. Heard learned Counsel for the parties and perused the materials available on record. Briefly stated facts of the case are that on 1.2.2010 at about 6 pm, when the complainant Shahida Hasan was cultivating his field at Toda Kalyanpur, the petitioners along with two other co-accused came there armed with lathis and dandas and told the complainant that they would teach him a lesson and started abusing him. They assaulted the complainant with lathis and dandas. When the complainant raised the alarm then Liyakat, Mangat Ram and many other persons rushed to the place of occurrence and witnessed the incident and the complainant was rescued by them. The petitioners and other co-accused left the place of occurrence after threatening the complainant that they would kill him whenever they would get a chance. In the aforesaid incident, the complainant received a number of injuries. His teeth was also broken and mouth got swollen. Thereafter the complainant got himself medically examined at Roorkee hospital. With these averments, an FIR was lodged by the complainant against the petitioners and two other co-accused persons. The averments made in the FIR find corroboration from the medical report, which reveals that the complainant received as many as seven injuries. Having heard learned Counsel for the parties; perusal of the contents of FIR, medical report and other papers available on record and in the facts and circumstances of the case, the Court is of the view that a prima facie case is made out against the petitioners under Section 323, 504 & 506 IPC. Hence, in these circumstances, I do not find any ground to issue a writ of certiorari for quashing the impugned FIR dated 28.2.2010 registered as Case Crime No. 128/2010 under Section 323, 504, 506 IPC, PS Kotwali Roorkee, District Haridwar. In the result, the petition being devoid of merit is hereby dismissed in limine. (Dharam Veer, J.) 23.3.2010 Prabodh 2 3