IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL URGENCY APPLICATION NO.1459 OF 2010 AND STAY APPLICATION NO.2397 OF 2010 IN CRIMINAL WRIT PETITION NO.252 OF 2010 Sardar Singh ……… Petitioner Versus State of Uttarakhand & two others ……… Respondents Dated: April 22, 2010 Mr. Ramji Srivastava, Advocate for the petitioner Mr. Amit Bhatt, Addl. G.A. for the State HON. DHARAM VEER, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari calling for the records and quashing the First Information Report, which has been registered at Police Station Chakrata, District Dehradun as Case Crime No.01 of 2010 relating to offence punishable under Section 306 of I.P.C. Heard learned counsel for the parties and perused the material on file. Brief facts of the case are that on 4.4.2010 complainant Rajendra Kumar lodged the First Information Report at P.S. Chakrata alleging that on 2.4.2010 his wife Smt. Kavita was working in his shop. Meanwhile, the petitioner Sardar Singh came there and asked for a glass from his wife for the purpose of drinking liquor. On the refusal to give the glass, the petitioner became annoyed and he misbehaved with his wife and also started beating his wife with his shoes. It is further averted in the F.I.R. that when the complainant and his wife went to lodge the report of the said incident in the police station then on the intervention of some persons of the village, the matter was 2 settled between the parties but due to this insult, his wife committed suicide on 4.4.2010. Learned counsel for the petitioner argued that on the basis of averments made in the F.I.R., no case is made out against the petitioner. Contrary to this, learned Additional Government Advocate argued that offence u/s 306 IPC is clearly made out against the petitioner on the basis of averments of FIR and even one suicide note was also left by the deceased which also corroborates the version of the F.I.R. He further argued that the Investigating Officer has collected sufficient evidence against the petitioner which proves the involvement of the petitioner in the said crime. Having considered the submissions of learned counsel for the petitioner and that of learned Addl. G.A. for the State and after going through the contents of the First Information Report, prima facie offence u/s 306 IPC is made out against the petitioner. Looking into the seriousness of the offence, the petitioner is not entitled for any relief at this stage. The writ petition is devoid of any merits and the same is dismissed in limine. (Urgency Application No.1459 of 2010 and Stay Application No.2397 of 2010 stand disposed of accordingly). (Dharam Veer, J.) 22.04.2010 RG