IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL WRIT PETITION NO.206 OF 2010 Smt. Amita Mishra W/o Fateh Chand Mishra, R/o 590 Indira Nagar Colony, P.S. Basant Vihar, Dehradun, District Dehradun ………Petitioner Versus 1. State of Uttarakhand through SSP Dehradun 2. Station Officer of P.S. Basant Vihar, Dehradun 3. Amit Joshi S/o Late Uma Dutt Joshi Presently r/o 880 Indira Nagar Colony, P.S. Basant Vihar, Dehradun …Respondents Dated: March 26, 2010 Sri Karan Anand, Advocate for the petitioners Sri M.A. Khan, Brief Holder for the State Sri Lalit Sharma, Advocate for the respondent no.3 HON. DHARAM VEER, J. By means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the FIR in case crime no.22 of 2010 u/s 420/467/468/471/120-B IPC P.S. Basant Vihar, Dehradun, Distt. Dehradun. Heard learned counsel for the parties and perused the entire material on record. In brief the prosecution case is that Harisharan Mishra, Fateh Chand Mishra, Vinay Mishra, Vineet Mishra and Km. Kalpana Mishra are the alleged owner of the property in question. The present petitioner Smt. Amita Mishra is the wife of Fateh Chand Mishra. It is further stated that Fateh Chand Mishra, Vinay Mishra, Vineet Mishra are the sons of Harisharan Mishra and Kalpana Mishra is the daughter of Harisharan Mishra, who in connivance with the present petitioner-Smt. Amita Mishra and co-accused Jahid, sold the property in question to complainant Amit Joshi and thereby received Rs.20.00 lacs from him, even while knowing that the said property was already been sold by them on 20.8.2009 to one Sardar Indrajeet Singh and Sardar Komal Veer Singh. It was further averted in the FIR that the property in question was also been pledged with the Punjab National Bank and State Bank of India. Learned counsel for the petitioner argued that the present petitioner has falsely been implicated in this case. Learned Addl. G.A. for the State submitted that the present petitioner, in connivance of the other co-accused, sold the property in question to the complainant for Rs.20.00 lacs. He further submitted that the aforesaid property, was pledged with the State Bank of India and Punjab National Bank and that property had already been sold on 20.8.2009 to Indrajeet Singh and Komal Veer Singh by the accused persons. A perusal of the contents of the FIR goes to show that prima facie sufficient evidence is there that the petitioner, in connivance with other co-accused, sold the property in question to complainant Amit Joshi for Rs.20.00 lacs, which had already been sold and was lying pledged with the State Bank of India and Punjab National Bank. As such the offences punishable u/s 420/467/468/471/120-B IPC are made out against the petitioner on the basis of the averments made in the FIR as well as on perusal of the other papers on record.. After considering the entire facts and circumstances of the case and upon hearing learned counsel for the parties as well as on perusal of FIR and other documents and on record, the petitioner is not entitled for any relief by this Court and the petition is liable to be dismissed summarily. The writ petition is, therefore, devoid of merits and is dismissed in limine. (Dharam Veer, J.) 26.03.2010 Rajeev Dang