IN THE HIGH COURT OF UTTARAKHAND AT NAINTIAL Criminal With Petition No. 149 of 2009 Naveen @ Partik John Magnight ……….. Petitioner Versus State of Uttarakhand and others. …………. Respondents Mr. Manish Arora, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No.3. Hon’ble J.C.S. Rawat, J. Mr. Manish Arora, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent Nos. 1 and 2. None for respondent No.3 2. This petition has been filed under Article 226 of the Constitution of India for seeding the following reliers:- “(a) Issue a writ order or direction in the nature of certiorari as to quash the FIR of case crime no.12 of 2009 u/s 324, 506 of I.P.C. Police Station Kotwali Roorkee, District Haridwar (contained as Annexure no. 1 to this writ petition). (b) Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 and 2 to not to harass and arrest the petitioner in view of the impugned F.I.R. till the collection of any credible evidence against the petitioner till the submitting the report u/s 173 of Cr. P. C. (c) A suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. (d) Award the cost of the petition to the petitioner.” 3. Counter affidavit has been field by the State. Para 3 of the counter affidavit reads as under:- “That the deponent most respectfully states before this Hon’ble Court that he is conducting the investigation of the case at hand and investigation of the case is still going on and from the investigation conduced so far no prima facie evidence has been collected against the present petitioner”. 4. In view of the above, the petitioner is premature and is liable to be dismissed. Learned counsel for the petitioner further seeks permission, if the future, exigency so warrants, he may be permitted to file a fresh petition before this Court. Permission granted. 5. Further, it is made clear that if the petition is required to be arrested by the police in Case Crime No. 12 of 2009, the Investigating Officer shall obtain the prior permission of this Court for the same. 6. The writ petition is disposed of accordingly. (J.C.S. Rawat, J.) 02.04.2009 Shiv