2025:UHC:1064 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 1176 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Deepak Prakash Bhatt, Advocate for the petitioner. 2. Mr. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 3. Mr. Piyush Garg, Advocate for the CBI. 4. By means of this writ petition, petitioner has sought the following substantive reliefs:- “i. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to submit the progress report U/s 173 of Cr.P.C. pursuant to judgment and order dated 24.7.2018 passed by this Hon’ble Court in Criminal Writ Petition 1050 of 2018 “Smt. Kalawati Rawat and State of Uttarakhand and others.” ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to submit the progress report of Departmental Inquiry against Sub Inspector, Kultar Singh pursuant to the judgment and order dated 24.7.2018 passed by this Hon’ble Court in Criminal Writ Petition 1050 of 2018 “Smt. Kalawati Rawat and State of Uttarakhand and others.” iii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to submit the progress report of inquiry against the Shri Udia Singh Rana, ADM, Nainital, pursuant to the judgment order dated 24.7.2018 passed by this Hon’ble Court in Criminal Writ Petition 1050 of 2018 “Smt. Kalawati Rawat and State of Uttarakhand and others.” iv. issue a writ, order or direction in the nature of mandamus commanding the authorities concerned of the state government to immediately approve/grant sanction for 2025:UHC:1064 prosecution against six government servants mentioned in the charge sheet dated 22.10.2020 filed by the respondent no. 2 (Central Bureau of Investigation Dehradun). 5. Learned State Counsel, on instructions, submits that an FIR in respect of custodial death of petitioner’s husband was registered and one Mr. Ummed Singh Danu was appointed as Investigating Officer, who submitted a closure/final report in the matter. The Magistrate rejected the final/closure report and ordered for further investigation, and thereafter one Mr. Ram Singh Mehta was appointed as Inquiry Officer, who submitted a final / closure report. Thereafter, pursuant to order passed by Coordinate Bench of this Court, the Investigation was handed over to CBI and CBI has filed a charge sheet under Sections 34, 304, 119, 166A, 214 and 218 IPC against eleven persons, out of which, six are Government Servants. He further submits that the trial is going on before Special Judge, CBI, Dehradun. 6. Learned State Counsel submits that Mr. Ummed Singh Danu, the earlier Investigating Officer was given adverse entry for lapse on his part in collecting evidence. Regarding the second Investigating Officer, namely Ram Singh Mehta, learned State Counsel submits that he was also given show cause notice, however, before any order could be passed against him, he passed away due to illness, therefore, no punishment was imposed upon him. He further submits that no evidence was found against Mr. Udai Singh Rana the then Additional District Magistrate, Udham Singh Nagar, therefore, he was not given any punishment. Learned State Counsel further submits that compensation of Rs.5,00,000/- was given to the petitioner by the State Government. 2025:UHC:1064 7. Learned counsel for the petitioner then submits that since CBI had filed charge sheet against eleven persons, out of which six are Government Servants, however, sanction for prosecution has been given only in respect of three Police Personnel and no sanction has been given to prosecute the Jail Personnel. 8. In view of the aforesaid developments in the matter, the reliefs claimed by petitioner do not survive now. No useful purpose would be served by keeping this writ petition pending. 9. The writ petition is, accordingly, disposed of with liberty to petitioner to approach the appropriate forum regarding non-grant of sanction for prosecution to the remaining three Government Servants. (Manoj Kumar Tiwari, J.) 17.02.2025 Navin 2025:UHC:1064