1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 823 of 2011 Nem Singh, S/o Shri Ram Singh R/o Village Humayunpur Post Baheri Brahmnan, Police Station Bhojpur, Moradabad (U.P.) …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home at Dehradun 2. Senior Superintendent of Police District Udham Singh Nagar 3. Station House Officer, P.S. Bazpur District Udham Singh Nagar 4. Cane and Sugar Commissioner Uttarakhand at Kashipur 5. Shri Gyan Prakash Singh Secretary-in-charge, Sehkari Ganna Vikas Samiti ltd. Bazpur, District Udham Singh Nagar ……….Respondents Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Vinod Tiwari, Advocate, present for the petitioner. Mr. G.S. Sandhu, G.A., present for the State. Mr. Manav Sharma, Advocate, present for the respondent no. 5. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this writ petition moved under Article 226 of Constitution of India, the 2 petitioner has sought quashing of the First Information Report dated 16.09.2011, registered as crime no. 232 of 2011, relating to offence punishable under section 409 IPC, Police Station Bazpur, District Udham Singh Nagar. 3. From the First Information Report it appears that there are allegations of criminal misappropriation of 557 bags of NPK fertilizer valued ` 2,29,851/-. Learned counsel for the petitioner pleaded the innocence of the petitioner, and the fact that the petitioner was transferred in the year 2007. FIR discloses that period of misappropriation relates to 2005-06, 2006-07, and 2007-08. It is also pointed out that the petitioner is facing departmental enquiry in respect of the same charge. However, merely for the reason that the petitioner is facing department enquiry it cannot be said that FIR is liable to be quashed. 4. Therefore, without expressing any opinion as to the allegations made in the FIR, this Court is of the view that it is not a fit case for interference with the investigation. Accordingly, the writ petition is dismissed summarily with the 3 observation that if the petitioner Nem Singh surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay. (Stay application no. 9953 of 2011, stands disposed of. (Prafulla C. Pant, J.) Parul 21.09.2011