IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.766 of 2011 1- Karan Singh Rawat @ Kamal Rawat S/o Shri Diwan Singh, R/o Village and Post Fatehpur, Tehsil- Haldwani, District Nainital. 2- Harish Rawat S/o Shri Diwan Singh, R/o Village and Post Fatehpur, Tehsil-Haldwani, District Nainital. 3- Mukesh Goswami S/o Late Shri Anand Goswami, R/o Pipal Pokhra No.1, Fatehpur, Tehsil Haldwani District-Nainital. 4- Suresh Joshi S/o Shri R.C.Joshi R/o Devi Dur Kurialamachar Haldwani. 5- Bhuwan Bisht S/o Late Shri Jiwan Singh Bisht, R/o Village Paldipur, P.O. Motahaldu, Tehsil-Lalkuan, District Nainital. ….…..Petitioners Versus 1- State of Uttarakhand through Secretary Home, Government of Uttarakhand, Dehradun, Uttarakhand. 2- Station House Officer, Police Station Haldwani, District Nainital. 3- Shri Rajendra Singh Sajwan, S/o Shri Sundar Singh Sajwan, R/o Gadi Maychak, Rishikesh, District- Dehradun. ……Respondents Mr. Lalit Sharma, Advocate, present for the petitioners. Mr. T.C. Agarwal, Additional G.A., present for the State. Mr. L.K.Tiwari, Advocate, present for the respondent No.3 Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of First Information Report dated 29.08.2011, 2 registered as F.I.R. No. 273 of 2011, relating to offences punishable under Section 420, 406, 323, 504, 506 of I.P.C. at Police Station-Haldwani, District-Nainital. 3) There are serious allegations of cheating made in the First Information Report. Plea raised by the petitioners that the amount of consideration was ` 2,60,000/- mentioned in the sale deed executed by the respondent No.3, is factual in nature, which requires investigation. 4) In the above circumstances, having considered submissions of learned counsel for the parties and without expressing any opinion, as to final merits of the case, this Court is not inclined to interfere with the investigation of the case. 5) Therefore, the writ petition is dismissed summarily, with the observation that if the petitioners namely Karam Singh Rawat, Harish Rawat, Mukesh Goswami, Suresh Joshi and Bhuwan Bisht, surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 9213 of 2011, stands disposed of). (Prafulla C. Pant, J.) 19.09.2011 JM