IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 507 of 2011 With Stay Application No. 6255 / 2011 1. Waseem Ahmad Khan S/o Masood Ahmad 2. Nawab S/o Rais 3. Shahzad S/o Rais 4. Ashraf S/o Rais 5. Musaraf S/o Rais 6. Aftab S/o Rais 7. Rais S/o Zameer Ahmad @ Jamil Ahmad All R/o Lakri Parao, P.S. Kotdwar, District Pauri Garhwal. ...…………. Petitioners Versus 1. State of Uttarakhand through Secretary in the Department of Home, Dehradun. 2. S.H.O., P.S. Kotdwar, District Pauri Garhwal. 3. Khursheed Ahmad S/o Sri Kabeer Ahmad R/o Lakri Parao, P.S. Kotdwar, District Pauri Garhwal. ...…………. Respondents Mr. T.A. Khan, Advocate, present for the petitioners. Mr. G.S. Sandhu, Government Advocate, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 2) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought quashing of the first information report dated 14.06.2011, registered as Crime No. 71 of 2011, relating to offences punishable under Section 307, 147 of I.P.C., at police station Kotdwar, District Pauri Garhwal. 3) Learned counsel for the petitioners submitted that due to the enmity petitioners have been falsely implicated in the criminal case. It is pointed out that respondent No. 3 is landlord of the petitioner No. 1, and other petitioners are relatives of the petitioner No. 1. 4) Perusal of the impugned first information report shows that it is alleged by respondent No. 3 that since he did not withdrew the eviction case filed against petitioner No. 1, the petitioners assaulted him and his sons. It is also mentioned in the first information report that the two sons of respondent No. 3 suffered injuries. Also, it appears that a non-cognizable report was filed on behalf of the petitioners against respondent No. 3. 5) Having considered submissions of learned counsel for the parties, and after going through the papers on record, in the facts and circumstances of the case, this court is not inclined to interfere with the investigation of the case. 3 6) Therefore, the writ petition is dismissed summarily with the observation that if the petitioners, namely Waseem Ahmad Khan, Nawab, Shahzad, Ashraf, Musaraf, Aftab and Rais surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 6255 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Dt. June 24, 2011. H. Negi