1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 285 Of 2010 Faiz Ahmad S/O Mr. Haji Shahabuddin, R/O Near Abubakar Masjid, New Basti Jaspur, District Udham Singh Nagar. …………………Applicant Versus (1) State of Uttarakhand through (2) Secretary Home, Dehradun …………..Opposite party Shri Khalil Ahmad, Adv. present for the petitioner Shri M.A.Khan, Brief Holder present for the State Hon’ble Prafulla C. Pant, J. Heard (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 12.01.2010, passed by Sessions Judge, Udham Singh Nagar in criminal revision no. 06 of 2010, whereby said court has affirmed the order dated 2 17.12.2009, passed by Additional Chief Judicial Magistrate, Kashipur. (3) Brief facts of the case are that the petitioner lodged first information report no 154 of 2009, relating to offence punishable under section 379 I.P.C, complaining that his motorcycle make Bajaj Discover bearing registration no. UK 06-J 6043 was stolen from the premises of Jama Masjid mohalla chhipyan, Jaspur. The report was against unknown person. The police after investigation filed a final report. The said final report, after giving notice to the petitioner (complainant) was accepted by the Magistrate vide order dated 17.12.2009. Aggrieved by said order the petitioner filed criminal revision no. 06 of 2010 which was dismissed at the admission stage vide impugned order dated 12.01.2010, passed by the Sessions Judge Udham Singh Nagar. (4) Learned counsel for the petitioner submitted that the police has submitted final report without properly investigating the crime, and made observation against the complainant that the first information report might has been lodged for getting the insurance for loss of the property. However, the Magistrate, in his order, while accepting the first information report has not mentioned if said observation is accepted. It is true that without sufficient material Investigating Officer should not have mentioned that false report was lodged for getting amount of insurance 3 (5) With the above observation this court is not inclined interfere with the impugned order passed by the Sessions Judge, Udham Singh Nagar and the one passed by Additional Chief Judicial Magistrate, Kashipur in the matter. Accordingly the petition under section 482 of Cr.P.C stands disposed of . (Prafulla C. Pant, J.) Dt.07.4.2010 NP