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High Court of Uttarakhand · body

2025 DAILYLAW 15250 (UTT)

ASHUTOSH v. STATE OF UTTARAKHAND

WPPIL/46/2025 · 2025-09-17

Manoj Kumar Tiwari, Pankaj Purohit

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 05.01.2026 MCC Modification Application No. 1 of 2025 In WPCRL No. 1020 of 2025 With WPPIL No. 46 of 2025 Hon'ble G. Narendar, C.J. Hon’ble Ashish Naithani, J. Heard Mr. Devang Dobhal, learned counsel for the petitioners in WPCRL No. 1020 of 2025, Mr. J.S. Virk, learned Deputy Advocate General with Mr. Gajendra Tripathi, learned Additional Chief Standing Counsel for the State, Mr. Piyush Garg, learned counsel for CBI and Mr. Anupam Verma with Mr. Jagat Singh Mehra, learned counsel for respondent No. 12 in WPCRL No. 1020 of 2025. 2. This Court is informed that despite directions directing the CBI to hand over the investigation and further direction to the I.O. and SHO to hand-over all the records, it is informed that the Trial Court is proceeding further with the trial. This, in our considered opinion, is contemptuous. 3. This Court is also informed that the order of this Court dated 17.09.2025 has already been placed before the Trial Court and despite being aware of the order, the Trial Court is proceeding with the trial. This, in our prima facie opinion, appears to be a contemptuous act. 4. In that view, there shall be a stay of all further proceedings by the Trial Court. The Trial Court shall co- operate for the proceedings to be taken over by the CBI alone. 5. Issue Show Cause Notice to the Presiding Officer for not having obeyed the directions of this Court. 6. If the Trial Court entertained any doubts, it was duty bound to have the same clarified with the Court, or directed the counsel to seek such clarification as it required. Without resorting to the same, proceeding with the trial, in our opinion, tantamounts to a contemptuous act. 7. The Court shall receive and consider any application by the CBI-the Investigating Agency for return of the records, or such other reliefs, alone. 8. The Modification Application (MCC NO. 1 of 2025) stands disposed of. (Ashish Naithani, J.) (G. Narendar, C.J.) 05.01.2026 05.01.2026 Rathour