THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 241 of 2009 Sudhir Singh and others …… Petitioners Versus State of Uttarakhand and others ..…. Respondents Mr. R.P. Nautiyal, Advocate for the petitioners. 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. R.P. Nautiyal, Advocate for the petitioners. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No.3. 2. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India for seeking the following reliefs :- “i) Issue a writ, order or direction in the nature of Certiorari, calling for the records and quashing the first information report dt. 13/03/2009 (Annexure No.8 to this writ petition), lodged by the respondent No.3, on the basis of which, a case crime/F.I.R. no. 135 of 2009 u/s 420/406/506 I.P.C. was registered at Police Station Kotwali, District Dehradun, so far as it relates to the petitioners. ii) Pass any other and further order, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. iii) Award the cost of writ petition to the petitioners” 3. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; para 2 of the counter affidavit filed by the State which reads as - “That the deponent is conducting the investigation of the case and from investigation conducted so far there is no sufficient evidence against the petitioners. Therefore the deponent most humbly submitted that in view of the 2 facts and circumstances mentioned above it is expedient and necessary in the interest of justice that this Hon’ble Court may kindly be pleased to take the instant counter affidavit on record”; the fact that para 2 of the counter affidavit reveals that so far as the investigation conducted, no sufficient evidence has been collected against the petitioners; and in the facts and circumstance of the case, it is directed that if during the course of investigation, the petitioners are required to be arrested by the police in Case Crime No./F.I.R. 135 of 2009, the Investigating Officer shall obtain the prior permission of this court for arresting the petitioners . 4. In view of the above, the writ petition is disposed of accordingly. However, if the Investigating Officer intents to arrest the petitioners, he shall seek the prior permission of this Court for the arrest of the petitioner. (J.C.S. Rawat, J.) 20.04.2009 Shiv