IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 316 of 2011 Surjeet Singh ……… Petitioner Versus State of Uttarakhand & others ………. Respondents Mr. R.P. Nautiyal, Advocate for the petitioner Mr. Nandan Arya, A.G.A. for the State/respondent Nos. 1 and 2. JUDGMENT Hon’ble Barin Ghosh, C.J. Challenging the First Information Report, present writ petition has been filed. The main contention in the writ petition is that no ingredient of a cognizable offence has been made out in the First Information Report. If the First Information Report is considered, at the first blush, it would appear that the same made allegations as regards failure on the part of the petitioner to account for the supplies effected by the petitioner to the State Government under a tender. However, a closest scrutiny of the First Information Report depicts that the main ingredient of the First Information Report is that the petitioner obtained payment against supplies, acknowledged on receipts, without supplying as the petitioner had no resource to procure the supply, thus, effected. In the circumstances, there is hardly any scope for interference with the First Information Report. 2. I, accordingly, dispose of the writ petition without interference with the First Information Report and direct the petitioner to cooperate with the investigation for his own benefit and, for that matter, to appear before the Investigating Officer at 11:00 a.m. on 24th May, 2011. In the event, petitioner renders full cooperation, it is hoped and expected that due honour thereto will be given by the Investigating Officer. (Barin Ghosh, C.J.) 06.05.2011 Aswal