IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 36 of 2009 Anil Saxena & another ….. Petitioners Versus State of Uttarakhand and others ….. Respondents Mr. J.S. Virk, Advocate for the petitioners. Mr. Nandan Arya, A.G.A. for the State. Ms. Krishi Shukla, Advocate for the respondent no.3. JUDGMENT HON.J.C.S. RAWAT, J. Mr. J.S. Virk, Advocate for the petitioners. Mr. Nandan Arya, A.G.A. for the State. Ms. Krishi Shukla, Advocate for the respondent no.3. On due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the F.I.R.; perusal of the allegations against the petitioners; perusal of the documents filed by the parties; the fact that the petitioner no.1-Anil Saxena was posted as Cluster Head and petitioner no.2 - Anis Mohammad was posted as Associate Manager; the petitioners’ duty were to check the godown time to time; the case of co-accused Rakesh Sharma, whose arrest has been stayed by this Court, in on differing footing; and considering the facts and circumstances of case, I am of the opinion that it is not a fit case for grant of the reliefs sought by the petitioner in the writ petition. I am refraining from commenting on the merits of the case lest it may adversely affect the case of the petitioner at the trial, which is yet to start. The writ petition, therefore, is liable to be dismissed and is hereby dismissed summarily. Stay application stands disposed of accordingly. (J.C.S. Rawat, J.) Dated 17.03.2009 LSR