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2025 DAILYLAW 15275 (UTT)

APOORVA JOSHI v. STATE OF UTTARAKHAND

WPCRL/701/2023 · 2025-03-19

G Narendar, Subhash Upadhyay

Public Interest Litigationbody2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 07.01.2026 WPPIL No. 164 of 2024, WPCRL No. 701/2023 & WPPIL No. 69/2025 Hon’ble G. Narendar, C.J. Hon’ble Subhash Upadhyay, J. 1. Mr. Dushyant Mainali and Ms. Manisha Bhandari, learned counsels for the petitioner in WPPIL No. 164/2024 and WPCRL No. 701/2023; Mr. Anupam Sinha, learned counsel for the petitioner in WPPIL No. 69/2025 and applicant in IA No. 03/2025; Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand; Mr. J.S. Virk, learned Amicus Curiae; Mr. Piyush Garg, learned counsel for CBI, Ms. Monika Pant, learned counsel for respondent No. 8; Mr. Manoj Kumar, learned Standing Counsel for the Union of India & Mr. Vishwast Kandpal, learned counsel holding brief of Ms. Medha Pande, learned counsel for the applicant in IA No. 02/2025. 2. Shri J.S. Virk, learned counsel, who has been appointed as Amicus Curiae, has filed into the Court the instructions, detailing therein the names of three persons, namely (i) Raj Kumar Singh Rathour - petitioner in WPPIL No. 69/2025; (ii) A.V. Premnath, S/o A. Venkat Rayalu; & (iii) Stanley Chimezie @ Frank @ Wabasi, S/o Basil. 3. The aforesaid three persons have been prisoners and have undergone/ are undergoing jail sentence in Jail No. 4 of Tihar Jail in FIR No. 533/2023, FIR No. 171/2023 & FIR No. 121/2024 for offences punishable under various sections. The information has been obtained by the Inspector General (Prisons), Uttarakhand from the Jail Authorities of Tihar Jail. Much was said about the CBI having registered a case against the petitioner-Apoorva Joshi & the Hon’ble Supreme Court taking cognizance of it, and he was being described as a jailbird, but the fact remains that the sentence imposed in the defamation case has been suspended by the Court. On the other hand, the petitioner-Raj Kumar Singh Rathour has been arrested for the offence punishable under Section 376 IPC, and has remained in prison for almost more than four months, but yet the petitioner did not choose to disclose the same, while on the other hand he was pointing a finger at the petitioner-Apoorva Joshi, and expressed concern about the intention behind the PIL. The said petitioner had filed a statement, alleging a conspiracy hatched by one Shri A.V. Premnath, and that the said person has gone to the extent of even intimating the Jammu & Kashmir Police that the petitioner-Apporva Joshi is involved in the murder of a kashmiri lad; & that petitions are being filed just to harass the petitioner-Apoorva Joshi. 4. Having perused the affidavits, and having heard the learned counsels, we are of the prima facie view that there appears to be a concerted effort to abuse the process of the Court by the said A.V. Premnath, and his co-conspirators, and thereby waste precious judicial time. In that view, we are of the opinion that it is appropriate that an investigation be carried out by the Vigilance Wing of this High Court. 5. Accordingly, we direct the Superintendent of Police, Vigilance Cell, High Court of Uttarakhand to conduct a detailed enquiry, with regard to the bonafides of the petitions; the petitioners; and the applicants in the impleadment applications, and detail as to whether there is a nexus between Shri A.V. Premnath and name the people concerned. 6. Report be submitted to this Court in 30 days from the date of receipt of a copy of this order. 7. List this case after winter vacations. (Subhash Upadhyay, J.) (G. Narendar, C.J.) 07.01.2026 07.01.2026 Rahul