IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.572 of 2008 With Stay Application No.4558/2008 Shavez Ahmed & four others ………….. Petitioner Versus State of Uttarakhand & two others ………… Respondents Sri Sudhanshu Dhulia, ld. senior counsel assisted by Sri Piyush Garg, ld. counsel for the petitioners Sri M.A. Khan, learned brief holder for the State/Respondent Nos.1&2 Sri V.K. Bisht, ld. senior counsel assisted by Sri V.K. Kaprwan, ld. counsel for Respondent No.3 Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Dated: July 23, 2008 Heard Sri Sudhanshu Dhulia, learned senior counsel assisted by Sri Piyush Garg, Advocate for the petitioners and Sri M.A. Khan, learned brief holder for the State/Respondent Nos.1&2 as well as Sri V.K. Bisht, learned senior counsel assisted by Sri V.K. Kaprwan, Advocate for Respondent No.3. By means of this writ petition, the petitioners have sought writ in the nature of certiorari quashing the first information report dated 08.07.2008 lodged by Respondent No.3 registered as Case Crime No.337/2008 relating to offences punishable under Section 379 IPC and one punishable u/s 26 of Indian Forest Act, 1927, with P.S. Haldwani, Distt. Nainital. There are allegations of illegal mining and storage of the minerals by the accused. Learned senior counsel for the petitioners argued that the petitioners are the stockists and no details have been given in the FIR relating to the theft committed by them. Our attention is further drawn to Rule 13 of U.P. Minerals (Prevention of Illegal Mining Transportation & Storage) Rules, 2002 and it is submitted that authorities could have inspected the stocks of minerals. Having considered the submissions of learned counsel for the parties and after going through the contents of the FIR which is lodged by the public servant, we are not inclined to interfere with the investigation of the case. Therefore, the writ petition is dismissed summarily with the observation that if the petitioners-Shavez Ahmed, Imran Hussain, Nadeem Ali, Naim Ahmed & Shamsuddin Salmani, are arrested or surrender before the court concerned, their bail applications, if moved, shall be heard and disposed of without unreasonable delay by the court concerned. (Stay Application No.4558/08 stands disposed of) (Dharam Veer, J.) (Prafulla C.Pant, J.) 23.07.2008 Rajeev Dang