1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 122 of 2011 Aash Mohammad @ Ashu S/o Jameel @ Jameer Ahmed R/o Rawali Mahdood, P.S. Ranipur, District Haridwar. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. Sr. Superintendent of Police Haridwar. 3. Station House Officer Police Station Manglore District Haridwar. 4. Ajeet Tiwari S/o Budhgan Tiwari R/o Vill. Hatdiya, P.S. Dawath Distt. Rohtas, Bihar. ...…………. Respondents Mr. M.K. Goyal, Advocate, present for the petitioner. Mr. G.S. Sandhu, Govt. Advocate, present for respondents No. 1, 2 & 3. Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the report dated 10.02.2011, registered as Crime No. 04 of 2011, relating to offences punishable under Section 420, 406, 170 of I.P.C. with added Sections 395, 342, 504, 506, 412 of I.P.C., at police station Manglore, District Haridwar. A 2 mandamus has also been sought for staying of arrest of the petitioner. 3) Learned counsel for the petitioner submitted that the case is not covered by Section 395 of I.P.C. However, on going through the contents of the first information report and other papers on record, this court finds that it is a serious offence and the crime has been committed in a dare devil manner. The investigating agency is not barred from examining as to how many number of persons were involved in the incident and on its basis converting the case into one punishable under Section 395 of I.P.C. 4) For the reasons as discussed above, this writ petition is dismissed summarily. (Stay Application No. 1212 of 2011 also stands dismissed). (Prafulla C. Pant, J.) Dt. February 24, 2011. H. Negi