IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.295 of 2008 With Stay Application No.2127/2008 Mohd. Yousuf Raza ………….. Petitioner Versus State of Uttarakhand through Secretary in the Deptt. of Home Affairs, Dehradun & two others ………… Respondents Sri S.K. Aggarwal, Sr. Advocate assisted by Sri T.A. Khan, learned counsel for the petitioner Sri Harish Pujari, learned Addl. G.A. for the State Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Dated: April 22, 2008 Heard learned counsel for the petitioner and learned Additional Government Advocate. By means of this writ petition, the petitioner has sought quashing of the first information report dated 25.3.2008 lodged by Respondent No.3- Constable Ashok Kumar, which was registered as Case Crime No.21/2008 relating to offences punishable under Sections 307 IPC (altered relating to offence punishable u/s 302 IPC) with P.S. Mussoorrie, District Dehradun. Learned senior counsel for the petitioner argued that in fact the contents of the FIR itself indicate that even if the allegations are taken to be true, it is a case relating to offence punishable u/s 304-A IPC and not the one punishable u/s 302 IPC. We are of the view that it is a matter of investigation and this Court without any evidence on record cannot examine whether it is a case punishable u/s 304-A IPC or u/s 302 IPC. Having considered the submissions of learned counsel for the petitioner and that of learned Addl. G.A. for the State and after perusing the contents of FIR, we are not inclined to interfere with the investigation of the case. The writ petition is dismissed summarily. (Stay Application No.2127/08 also stands dismissed) (Dharam Veer, J.) (Prafulla C.Pant, J.) 22.04.2008 Rajeev Dang