HIGH COURT OF UTTARANCHAL AT NAINITAL. Crl. Writ Petition no.485(M/B) 2006 1. Liyakat S/o Middu, 2. Mukhtiyar S/o Middu, 3. Asharaf S/o Anwar, 4. Vicky S/o Liyakat, All r/o Line no. 10, Azad Nagar Haldwani, P.S. Haldwani, district Nainital. ----Petitioners. Vs. 1. State of Uttaranchal through its Secretary, Home, Dehradun. 2. Station House Officer, P.S. Haldwani, through S.S.P., Nainital, 3. Mohd. Irshad S/o Mohd Wassi, R/o Azad Nagar, Haldwani, District Nainital. ----Respondents. Sri R.S. Sammal, learned counsel for the petitioners. Learned A.G.A. for the respondents. Coram:- Hon’ble M.M. Ghildiyal, J. Hon’ble B.S. Verma, J. P.C.: Present writ petition has been filed by the petitioners for the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 5.4.2006 registered as case crime no. 2054 of 2006, u/s 323, 308, 506 IPC, at Police Station Haldwani, district Nainital, (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in pursuance of FIR 5.4.2006 registered as case Crime no. 2054 of 2006, u/s 323, 308, 506 IPC at Police Station Haldwani District Nainital, 2 (iii) Issue any other appropriate writ, order or direction which this Hon’ble Court deems fit and proper under the circumstances of the case, (iv) Cost of petition may kindly be paid to the petitioners. 2. Brief facts of the case are that a first information report was lodged at police station Haldwani, district Nainital by respondent no. 3 against the petitioners u/s 323, 308, 506 IPC alleging therein that the petitioner intentionally and voluntarily caused hurt; attempted to culpable homicide not amounting to murder and committed criminal intimidation. 3. Heard Sri R.S. Sammal, learned counsel for the petitioner and learned Assistant Govt. Advocate for the respondents and perused the record. 4. The investigation still incomplete and is going on. We are of the opinion that a prima-facie case, on the basis of the allegations made in the F.I.R. is made out against the petitioners at this stage. 5. We do not inclined to interfere with the investigation under Article 226 of Constitution of India. 6. The writ petition lacks merit and is liable to be dismissed in limine. 7. However, in case the applicant/ petitioners apply for bail, the Court concerned shall expedite the hearing of the bail as early as possible. 8. The writ petition is dismissed accordingly. (B.S. Verma, J.) (M.M. Ghildiyal, J.) April 27, 2006: NCM: 3