IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL STAY APPLICATION No.1670 OF 2008 MISCELLANEOUS APPLICATION NO. 2482 OF 2008 IN CRIMINAL WRIT PETITION NO.245 OF 2008 Mohammad Irfan & two others ……..Petitioners Versus State of Uttarakhand & three others …….Respondents Dated: May 06 2008 Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer,J. Heard Sri T.A. Khan, learned counsel for the petitioners and Sri M.A. Khan, learned brief holder for the State/respondent nos. 1, 2 & 3 as well as Sri Anil Bisht, holding brief of Sri Tumul Nailwal, learned counsel for respondent no.4. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 17.03.2008 lodged against petitioner no.1 and some other accused relating to the offences punishable under Sections 366, 506 I.P.C., Police Station Kotwali Ramnagar, District Nainital. Having heard learned counsel for the parties and after going through the contents of the First Information Report, we are not inclined to interfere with the investigation. However, learned counsel for the petitioners submits that the statement of petitioner no.3 may be got recorded under Section 164 of Cr.P.C. by some Magistrate. The writ petition is dismissed summarily with the observation that the Investing Officer may get the statement of P.W.3-Smt. Shweta Negi alias Tamanna recorded under Section 164 Cr.P.C. (Stay Application No. 1670 of 2008 stands disposed of). (Dharam Veer,J.) (Prafulla C.Pant, J,) 06.05.2008 Arti