Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2941-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA
23rd APRIL, 2025
WRIT PETITION CRIMINAL No. 315 OF 2025
Shivam Sharma
…Petitioner
Versus
State of Uttarakhand And Others
…Respondents
Presence:- Mr. D.C.S. Rawat and Mr. Vikas Bahuguna, learned counsel for the petitioner. Mr. J.S. Virk, learned Deputy Advocate General alongwith Mr. Rakesh Joshi, learned Brief Holder for the State.
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JUDGMENT: (per Mr. G. Narendar C.J.)
Heard learned counsel for the petitioner and learned Deputy Advocate General for the State.
2. The petitioner has prayed for the following reliefs:-
“(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 and 2 to provide the adequate the police protection for life and liberty of the petitioner and his family members from the clutches of the respondent no.5 or alternatively the Hon'ble Court may graciously be pleased to mould the relief appropriately taking into account the averment made in the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to suspend the accused respondent no.5 and initiate the departmental disciplinary proceedings against the respondent no. 5 on the basis of the complaint given by the petitioner to S.S.P. Dehradun. (iii) Issue a writ, order or direction in the nature of 1
2025:UHC:2941-DB mandamus directing the respondent no. 1 to constitute independent special investigation team to investigate the offences reported by the petitioner to ensure free and fair investigation.”
3. Learned Deputy Advocate General would submit that, pursuant to the complaint of the petitioner, an inquiry has been instituted and the inquiry is going on.
4. In that view, we are of the considered opinion that the instant writ petition can be disposed of by granting liberty to the petitioner to assist in the inquiry as a witness.
5. The Inquiry Officer/Authority shall permit the petitioner to assist the authorities/office in the completion of the inquiry.
6. Petition stands ordered accordingly.
7. There shall be no order as to costs.
_______________ G. NARENDAR, C.J.
_________________ ALOK MAHRA, J.
Dt: 23rd April, 2025 UJJWAL
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