IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Miscellaneous Criminal Application No. 257 of 2011 Jagat Singh ……… Applicant. Versus State of Uttarakhand and others ……… Respondents. Mr. K.N. Joshi, Advocate for the applicant. Mr. Nandan Arya, Assistant Government Advocate (Govt. of Uttarakhand) for respondent Nos. 1 and 2. Mr. T.A. Khan, Advocate for respondent No. 3. Date of Order: 24.03.2011 BARIN GHOSH, CHIEF JUSTICE In the First Information Report, the allegation was that applicant, though is not a member of Scheduled Tribe, represented to be so for the purpose of getting an appointment. Investigation has now been completed and a police report has been filed, where it has been stated that the investigation has revealed that there is a substance in the allegation contained in the First Information Report and the same is supported by the evidence collected in course of investigation. The Magistrate has taken cognizance on the police report and has issued summons. 2. In view of the contents of the police report, there is no scope of interference with the order taking cognizance. Applicant is required to respond to the summons and if does so within a period of three weeks from today and, simultaneously, surrenders before the Magistrate and, at the same time, applies for grant of bail, Magistrate is directed to consider the same on the same day. In the event the Magistrate is of the view that applicant has not been able to make out a case for discharge, he shall frame charge and proceed with the trial as quickly as possible. The Magistrate is also requested to conclude the trial at the earliest. 3. This disposes of the application. (Barin Ghosh, C.J.) 24.03.2011 Amit