IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 679 of 2010 with Stay Application No. 6698 of 2010 1. Kulvinder Singh @ Ijji S/o Shri Ajit Singh R/o Village Beerpur, Lacchi, Post Halduwa Hempur Tehsil Ramnagar, District Nainital …………… Petitioner Versus 1. State of Uttarakhand, through Secretary, Home, Govt. of Uttarakhand, Dehradun 2. Station House Officer, P.S Ramnagar, Dist-Nainital 3. Shri Shiv Singh S/o Shri Tar Singh R/o Village Dhyan Nagar, Jaspur, Presently R/o Dhillan Ston Kreshar Beerpur Lachi, Ramnagar, District Nainital …………..Respondents. Shri Bhupesh Kandpal, Advocate, present for the petitioner. Shri G.S. Sandhu, Government Advocate, with Shri T.C.Aggarwal, A.G.A. Present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this writ petition moved under Article 226 of Constitution of India, the 2 petitioner has sought quashing of the First Information Report dated 31.07.2010 registered as Crime No. 224 of 2010 relating to offence punishable under section 506 I.P.C.,and one punishable under section 3 (1) (X) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989, at police station Ram Nagar, District Nainital. (3) Learned counsel for the petitioner submitted that in the First Information Report neither it is alleged that the complainant Shiv Singh is member of the Scheduled Caste, now is it mentioned that the petitioner Kulvinder Singh is not a member of the Scheduled Caste. As such it is contended that the ingredients of the offence punishable under section 3 (1) (X) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989, can not be said to have been made out. It is further submitted on behalf of the petitioner that there is no injury caused to the complainant and the only allegation is that he was threatened to be killed by the petitioner. 3 (4) Admit the petition. (5) Learned counsel for the State prays for and is allowed six weeks time to file the counter affidavit. (6) Issue notices to respondent no.3 Shiv Singh who may also file his counter affidavit within a period of six weeks. (7) In the above circumstances, as an interim measure, meanwhile, it is directed that the petitioner Kulvinder Singh shall not be arrested in connection with aforesaid crime, during investigation, provided he cooperates with the investigating agency. (8) List after six weeks. (Stay Application No. 6698 of 2010 stands disposed of). (Prafulla C. Pant, J.) Dt.11.08.2010 NP