THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 175 of 2009 Asif Hussain S/o Zahid Husain …… Petitioner Versus State of Uttarakhand and others ..…. Respondents Mr. Lalit Belwal, Advocate with Mr. Chandra Shekhar Saran, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No.3. Hon’ble J.C.S. Rawat, J. Mr. Lalit Belwal, Advocate with Mr. Chandra Shekhar Saran, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No.3. 2. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; allegations made against the petitioner; the fact that the petitioner is not nominated in the F.I.R.; the fact that the name of the petitioner has only been indicated on the basis of his mobile number 9935699787; and counter affidavit has been filed by the State in which it has been stated in para 3 that the investigation is going on and from the investigation conducted so far, no prima-facie evidence is collected against the petitioner. 3. In view of the counter affidavit filed by the State, this petition is pre-mature and liable to be dismissed. Learned counsel for the petitioner further seeks permission, if the future exigency so warrants, he may be permitted to file a fresh petition for the same cause of action before this Court. Permission granted. 4. However, it is made clear if the Investigating Officer intents to arrest the petitioner and any prima-facie case is found against the petitioner, the Investigating Officer shall seek permission of this court for taking coercive steps against the petitioner or arresting the petitioner in Case Crime No.186 of 2009. 2 5. The writ petition is disposed of accordingly. (J.C.S. Rawat, J.) 06.04.2009 Shiv