IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.505 of 2008 With Stay Application No.4033/2008 Mohd. Khalid S/o Mohd. Haneef, R/o Azad Nagar, Haldwani, District Nainital ………….. Petitioner Versus State of Uttarakhand through S.S.P. Nainital & two others ………… Respondents Sri Lalit Sharma, learned counsel for the petitioner Sri M.A. Khan, learned brief holder for the State Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Dated: July 4, 2008 Heard Sri Lalit Sharma, learned counsel for the petitioner and Sri M.A. Khan, learned brief holder for the State. By means of this writ petition, the petitioner has sought writ of certiorari quashing of the first information report dated 26.06.2008 registered as Case Crime No.313/2008 relating to offence punishable under Section 3/7 of Essential Commodities Act, 1955. Learned counsel for the petitioner argued that 13 empty LPG Cylinders, which are said to have been recovered from the shop of the petitioner, who runs a tea stall, belonged to different customers as Truck of the gas agency used to distribute the filled LPG Cylinders near the petitioner’s shop. The FIR is lodged by the public servant after raiding the go-down (petitioner alleges the same to be shop). Having considered the submissions of learned counsel for the petitioner and that of learned brief holder for the State, 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 petitioner is arrested or surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No.4033/08 also stands rejected) (Dharam Veer, J.) (Prafulla C.Pant, J.) 04.07.2008 Rajeev Dang