IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 994 of 2008 Mahmood Shah S/o Ramham Shah ............ Petitioner Versus State of Uttarakhand and others ............ Respondents Mrs. Pushpa Joshi, Advocate for the petitioner. Mr. Amit Bhatt, Addl. G.A. for the State. JUDGMENT HON. J.C.S. RAWAT, J. Mrs. Pushpa Joshi, Advocate for the petitioner. Mr. Amit Bhatt, Addl. G.A. for the State. On due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the allegations against the petitioner; it has been alleged in para 9 of the counter affidavit that the statement of two witnesses have been recorded under section 161 Cr.P.C.; perusal of the said statements; and considering the facts and circumstances of the case, I am of the opinion that it is not a fit case for grant of the reliefs sought by the petitioner in the writ petition. I am refraining from commenting on the merits of the case lest it may adversely affect the case of the petitioner at the trial, which the petitioner is yet to face. The writ petition, therefore, is liable to be dismissed and is hereby dismissed summarily. Stay applications stands disposed of accordingly. (J.C.S. Rawat, J.) Dated 09.01.2009 LSR