Smt. Kavita Kapkoti, vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing the First Information Report registered as F.I.R. No. 01 of 2011, relating to offence punishable u/s 406 I.P.C., Revenue Police Manoli, District Almora.

Certain answer sheets are said to have been entrusted to the petitioner for evaluation, which were not returned to the authority concerned. The Block Education Officer, has lodged the First Information Report, relating to criminal breach of trust relating to the answer sheets.

Learned counsel for the petitioner argued that the petitioner after evaluating the answer sheets had left the place of her posting on her transfer to Bhujan. It is further pleaded that the answer sheets were in the custody of the Principal of the College.

However, learned counsel for the State informs that as per the report received from the Investigating Officer, in presence of Deputy Collector, the Almirah was got broke open, and out of the 85 answer sheets, there were only 32 answer sheets, found in the Almirah, in which, petitioner Kavita Kapkoti said to have left the answer sheets.

In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is not inclined to interfere with the investigation of the case. Therefore, the writ petition is dismissed summarily, with the observation that if the petitioner Kavita Kapkoti, surrenders before the court concerned, her bail application shall be heard and disposed of without unreasonable delay, keeping in mind that she is a woman. (Stay application No. 12393 of 2011, stands disposed of).