1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 547 of 2010 1. Ragib, S/O Jahid 2. Rashid S/O Quashim 3. Yaqoob S/O Asgar 4. Mukarram S/O Yusuf All R/O Mohitpur, P.S Bhagwanpur, Dist- Haridwar ………………………. Petitioners Versus 1. State of Uttarakhand, through The Secretary of Home, Uttarakhand Government, Dehradun. 2. Station House Officer, Police Station Bhagwanpur, District, Haridwar 3. Shahawan S/O Maharban R/O Village Mohitpur, P.S Bhagwanpur, Dist Haridwar …………..Respondents. Shri Mohd Azim, Advocate present for the petitioners. Shri G.S. Sandhu, Government Advocate, with Shri M.A.Khan, Brief Holder, present for the state 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 the First Information Report dated 22.06.2010, which is registered as crime no. 186 of 2010, 2 relating to offences punishable under section 323, 504, 326, of I.P.C, at Police Station Bhagwanpur, District Haridwar. (3) Learned counsel for the petitioners submitted that the First Information Reports of the incident were lodged by both the sides. It is further pleaded that there are injuries on both the sides. It is further submitted that F.I.R lodged by the petitioners is prior to the one lodged by the respondent no.3, against the petitioners. (4) Having heard learned counsel for the parties and after going through the papers on record, since this court in its writ jurisdiction can not decide which of the parties was assailant/aggressor, as such this court is not inclined to interfere with the investigation in the matter. (5) Therefore, the writ petition is dismissed summarily with the observation that if the petitioners, namely Ragib, Rashid, Yaqoob and Mukarram surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay application 5520 of 2010 also stands disposed of). (Prafulla C. Pant, J.) Dt.09.07.2010 NP 3