IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Peition No. 721 of 2006 (M/B) Pushkar Ram s/o Sheri Ram R/o Village Ratgaon. Patwari Circle – Dungari, Tehsil – Tharali, Distt. Chamoli …… Petitioner Versus 1. State of Uttaranchal 2. Patwari, the Investigating Officer, Patwari Circle – Dungari, Tehsil Tharali, District Chamoli 3. Smt. Umedi Devi w/o Shri Dalbir Ram r/o Village Ratgaon, Patwari Circle- Dungari, Tehsil Tharali, Distt. Chamoli …… Respondents Sri Pankaj Purohit, Advocate for the petitioner. Sri D.K. Sharma, Government Advocate for respondents 1 and 2. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble Prafulla C. Pant, J. RAJEEV GUPTA, C. J. (Oral) Sri Pankaj Purohit, Advocate for the petitioner. Sri D.K.Sharma, Government Advocate for respondents 1 and 2. They are heard on admission. 2. The learned Government Advocate has produced case diaries of the two cases registered at Crime Nos. 2 of 2006 and 4 of 2006 at Patti Patwari Dungari, Tehsil Tharali, district Chamoli. 3. Petitioner Pushkar Ram has filed this writ petition for the following reliefs: “a. Issue a writ, order or direction in the nature of Certiorari to call for the record and to quash the first information report dated 10.06.2006 in case crime no. 30/2006 under Sections 457/376/511 I.P.C. registered with Patwari Circle- Dungari, Tehsil Tharali District Chamoli against the petitioner contained in Annexure No. 4. 2 b. Issue any suitable writ order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case. c. Award cost of the petition to the petitioner”. 4. The petitioner is apprehending his arrest for his alleged involvement in Crime No. 4 of 2006 registered at Patwari Circle Dungri, Tehsil Tharali, District Chamoli for the alleged commission of the offences punishable U/Ss 457 and 376 read with Section 511 of the Indian Penal Code. 5. According to the First Information Report lodged by respondent no. 3 – Smt. Umedi Devi, the petitioner attempted to commit rape on her in the night of 20th of March 2006. 6. On due consideration of the submissions of the learned counsel for the parties; contents of the case diaries of Crime Nos. 2 of 2006 and 4 of 2006 and the statement of respondent no. 3- Smt. Umedi Devi, we are of the opinion that it is not a fit case for the grant of the reliefs sought by the petitioner in the writ petition. 7. The petition, therefore, is liable to be dismissed summarily. 8. We, however, deem it proper to observe that in the event of the arrest of the petitioner Pushkar Ram by the police or his surrender before the Court concerned, his bail petition shall be taken up for hearing in accordance with law without any undue delay. 9. With the above direction, the writ petition stands disposed of. 10. With the above order, CLMA Nos. 7783 of 2006 and 7282 of 2006 also stand disposed of. (Prafulla C. Pant, J.) (Rajeev Gupta, C.J.) 12.07.2006 12.07.2006 A