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2026 DAILYLAW 6964 (UTT)

ZEESHAN v. STATE OF UTTARAKHAND

WPCRL/327/2026 · 2026-06-16

Alok Mahra

body2026

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:4893 WPCRL No. 327 of 2026 Hon'ble Alok Mahra, J., Mr. Lalit Sharma, learned counsel for the petitioner. 2. Mr. J.P. Kandpal, learned A.G.A. for the State of Uttarakhand. 3. By means of the present Criminal Writ Petition, the petitioner, who is the brother of the deceased, has invoked the extraordinary writ jurisdiction of this Court seeking, inter alia, a direction for re-transfer of the investigation of FIR No. 0475 of 2024 to Police Station Piran Kaliyar, District Haridwar, from where it was allegedly transferred during the course of investigation. The petitioner has also prayed for a direction to the respondents to place the progress report of the investigation before this Court, to ensure that the investigation is conducted in a fair, impartial and transparent manner, and to conclude the investigation keeping in view the provisions contained under Section 193(3)(h)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. The facts, in brief, are that on 20.11.2024, the petitioner lodged the aforesaid First Information Report stating therein that during the intervening night of 19/20.11.2024, his brother was found murdered inside his room. The FIR was accordingly registered at Police Station Piran Kaliyar, District Haridwar, and investigation commenced. 5. It is the case of the petitioner that during the pendency of the investigation, the investigation was transferred from District Haridwar to District Tehri Garhwal. Aggrieved by such transfer, the present writ petition came to be filed seeking re-transfer of the investigation to District Haridwar. 6. Learned counsel appearing for the petitioner submitted that the transfer of investigation was arbitrary and was likely to adversely affect the fairness and efficacy of the investigation. It was further contended that the investigation has remained pending for a considerable period despite the occurrence having taken place in November, 2024. Learned counsel, therefore, prayed that appropriate directions be issued for ensuring a fair, transparent and expeditious investigation. 7. Per contra, learned State Counsel, on the basis of written instructions received from the Investigating Officer, submitted that the grievance raised by the petitioner no longer survives. It has been stated that the investigation has now been re-transferred to Police Station Kotwali Piran Kaliyar, District Haridwar, and the investigation is presently being conducted there. It is further submitted that the investigation is still in progress and is being carried out in accordance with law. 8. Having heard learned counsel for the parties and upon perusal of the material brought on record, this Court finds that the principal grievance of the petitioner relates to the transfer of investigation from District Tehri Garhwal to District Haridwar. In view of the categorical statement made on behalf of the State that the investigation has already been re-transferred to Police Station Kotwali Piran Kaliyar, District Haridwar, the principal relief sought in the present writ petition stands substantially redressed. 9. Insofar as the prayer for ensuring a fair and transparent investigation is concerned, it is well settled that every investigation is required to be conducted fairly, impartially and strictly in accordance with the provisions of law. It is expected that the Investigating Officer shall carry out the investigation uninfluenced by any extraneous consideration and shall make every endeavour to ascertain the truth so that the guilty, if any, are brought to justice while ensuring that no innocent person is unnecessarily implicated. 10. It is also noticed that the incident pertains to the intervening night of 19/20.11.2024 and, despite the lapse of considerable time, the investigation is stated to be continuing. Undue delay in completion of investigation is neither in the interest of the victim's family nor in the interest of the criminal justice administration. Therefore, while refraining from expressing any opinion on the merits of the investigation, this Court deems it appropriate to direct the Investigating Agency to conclude the investigation with utmost expedition and in accordance with law. 11. Accordingly, in view of the subsequent development that the investigation has already been re- transferred to Police Station Kotwali Piran Kaliyar, District Haridwar, the relief sought in the present writ petition does not survive for consideration. 12. Consequently, the present Criminal Writ Petition stands disposed of. 13. However, it is directed that the Investigating Officer shall ensure that the investigation is conducted fairly, impartially and transparently, strictly in accordance with the law, and shall make all endeavour to conclude the investigation as expeditiously as possible, without being influenced by any observation made in this order. 14. No order as to costs. (Alok Mahra, J.) 16.06.2026 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5 DD9, cn=SHIKSHA BINJOLA Date: 2026.06.16 17:16:31 +05'30'