IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 772 of 2010 Chakardhar Sati and another ……… Petitioners. Versus State of Uttarakhand and others ……… Respondents. Mr. Prashant Khanna, Advocate holding brief of Mr. R.P. Nautiyal, Advocate for the petitioners. Mr. P.S. Bohra, Brief Holder for the State / respondent Nos. 1 and 2. Mr. Pankaj Purohit, Advocate for respondent NO. 3. Date of Order: 05.05.2011 BARIN GHOSH, CHIEF JUSTICE Plot No. 1988, mentioned in the First Information Report, is claimed to be the property of the informant, which property was dealt with by the petitioners under a convince executed and registered on 13th July, 2004, allegedly for obtaining loan by the petitioners, appears to be the basic ingredient of the offence, disclosed in the First Information Report. 2. The writ petition is, accordingly, disposed of by directing the Investigating Officer first to ascertain, who was the owner of the said plot on 13th July, 2004 and thereupon to proceed with further investigation into the First Information Report and to complete the investigation as quickly as possible. Until such time it is not ascertained that as on 13th July, 2004 the plot in question was owned by the informant, let the petitioners be not arrested. (Barin Ghosh, C.J.) 05.05.2011 Amit