IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.798 of 2009 Ajit Haldhar ……Petitioner Versus State of Uttarakhand and others .…Respondents Sri Lalit Sharma, learned counsel for the petitioner. Sri S.S. Adhikari, learned A.G.A. for the State/respondent nos. 1to 3. Dated 24th June, 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. By way of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of mandamus commanding the respondents to ensure adequate and necessary protection to the petitioner in order to safeguard his life and liberty. Heard Sri Lalit Sharma, learned counsel for the petitioner, Sri S.S. Adhikari, learned A.G.A. for the State/respondent nos. 1 to 3 and perused the material available before us. It appears from the petition that petitioner runs a Bidi factory and some antisocial elements are trying to grab the property of the petitioner therefore, he has frequent danger for his life and liberty. As at one occasion, the anti- social elements managed to set fire on the factory as well as 2 vehicle of the petitioner, which resulted a huge loss to the petitioner. Petitioner lodged a first information report against certain persons but nothing has been done by investigating agencies. Hence, the writ petition. The Court vide its order dated 16.06.2010 directed to the Investigating Officer to present before this Court and to file detailed counter affidavit stating therein that as to what is the latest status of the investigation. In compliance of the order, Investigating Officer has filed counter affidavit stating therein that he concluded the investigation and thereafter filed the D.F.R. to the State Government for approval on 25.05.2010 which was approved by the State Government also on 18.06.2010 and approval of D.F.R. was also communicated to the Investigating Officer on 19.06.2010. C.B.C.I.D. thereafter sent a letter to the S.S.P., Udham Singh in order to proceed under section 55 Cr.P.C. for the arrest of the accused persons and efforts are being taken by investigating agency as well as police to make arrest of the accused persons effectively. Investigating Officer has also obtained the warrant for arrest from the court of Chief Judicial Magistrate, U.S. Nagar on 23.06.2010 which is mentioned in the counter affidavit. Averments made in the counter affidavit clearly indicate that Investigating Officer is trying his level best to effect the arrest of the accused persons. Thus, we do not find any ground to interfere in the matter at this stage by issuing a writ in the nature of mandamus. We are satisfied that investigating agency is doing work properly and taking adequate steps for arrest of the accused persons. 3 With the aforesaid observations, writ petition is finally disposed of accordingly. Personal appearance of the Investigating Officer is hereby dispensed with. (Nirmal Yadav, J.) (B.C. Kandpal, J.) JKJ 24.06.2010