IN THE HIGH COURT OF UTTARAKHAND AT NAINTIAL Criminal With Petition No. 37 of 2009 With Stay Application No. 499/2009 Manoj Kumar Malhotra. ……….. Petitioner Versus State of Uttarakhand and others. …………. Respondents Mr. Pawan Mishra, Advocate for the petitioner. Mr. S.S. Adhikari, A.G.A. for respondent nos. 1 &2. None for respondent no.3. Hon’ble J.C.S. Rawat, J. Mr. Pawan Mishra, Advocate for the petitioner. Mr. S.S. Adhikari, A.G.A. for respondent nos. 1 &2. None for respondent no.3. 2. Heard learned counsel for the parties and perused the record. 3. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R.; the medical report filed by the petitioner and which is also available in the case diary with the learned A.G.A.; the fact that a fracture was found on the hand of the injured; the fact that the allegations made in F.I.R is that the petitioner struck ‘lathi’ (a kind of thick stick) on the head of the injured and the injured was wearing a helmet at that time which was broken into pieces; the said broken helment was also taken into custody by the police; the intention has already been indicated in the F.I.R; and having regard to the facts and circumstances of the case, I do not find any good ground to grant relief to the petitioner as claimed in the petitioner. However, I am refraining from commenting on the merits of the case lest it may adversely affect the petitioner’s case at the trial which is yet to start. 4. Thus, the petition is liable to be dismissed and is hereby dismissed summarily. Consequently, the stay application is also dismissed. (J.C.S. Rawat, J.) 11.02.2009 V.K.