IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Criminal Writ Petition No. 399 of 2008 Prabhash Sharma S/o Sri Yogeshwar Prasad, R/o village & P.O. Pauta, District Jaipur (Rajsthan). ----Petitioner. Vs. 1.State of Uttarakhand, 2.Station House Officer, Police Station Doiwala, Dehradun 3.Constable 167, Pramod Kumar, Police Station Doiwala, District Dehradun. ----Respondents Coram: Hon’ble Prafulla C.Pant, J. Hon’ble Dharam Veer, J. Dated June 2, 2008: Per Coram:- Heard Sri Deepak Sharma, learned counsel for the petitioner and Sri M.A. Khan, learned Brief Holder for the State/respondent nos. 1 & 2. By means of this writ petition, the petitioner has sought quashing of First Information Report dated 04.03.2008 lodged by respondent no.3, on the basis of which a case crime no. 41 of 2008 relating to offence punishable u/s 379, 411, 279, 337, 339 and 427 I.P.C. is registered at Police Station Doiwala, District Dehradun. Learned counsel for the petitioner argued that since the Truck in question of which theft is said to have been committed, belongs to the petitioner, as such, it cannot be said that he has committed theft of his own property. The first Information Report shows that the allegations are that Truck no. RJ-14 G- 5618 was seized by the Police in violation of certain provisions of the Motor Vehicle Act, 1988. After the Truck was seized, the same was taken away by the Driver-Wazid and Cleaner-Zahid of the Truck. Learned counsel for the petitioner submitted that the two have already been granted bail. Having considered submissions of the learned counsel for the petitioner and that of the learned Brief Holder for the State and after going through the contents of the First Information Report, we are not inclined to interfere with the investigation. The writ petition is dismissed in limine, 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. 3069/08 stands rejected. (Dharam Veer, J.) (Prafulla C. Pant, J.) 02.06.2008 NCM