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2026 DAILYLAW 7027 (UTT)

KAILASHI BHANDARI AND ORS v. STATE OF UTTARAKHAND

WPCRL/1064/2026 · 2026-06-17

Alok Mahra

body2026

Judgment text

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UKHC010099182026 2026:UHC:4975 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 1064 of 2026 Hon'ble Alok Mahra, J., Mr. Sagar Kothari, learned counsel for the petitioners. 2. Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand. 3. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs: (i) Issue a writ, order or direction in the nature of mandamus commanding respondent nos. 1, 2 and 3 to transfer the investigation of FIR No. 0177 of 2025 dated 07.09.2025, registered under Sections 115(2), 324(2), 333, 351 and 352 of the Bharatiya Nyaya Sanhita, 2023; FIR No. 0086 of 2026 dated 09.05.2026, registered under Sections 406, 420, 504 and 506 of the Indian Penal Code, 1860; FIR No. 0085 of 2026 dated 09.05.2026, registered under Sections 318(4), 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023; and FIR No. 0032 of 2026 dated 13.02.2026, registered under Sections 115(2), 329(3) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, all lodged at Police Station Rajpur, District Dehradun, to any other Police Station within District Dehradun. (ii) Issue a writ, order or direction in the nature of mandamus commanding respondent nos. 1, 2 and 3 to take appropriate action against respondent no. 4, the then Station House Officer, Police Station Rajpur, District Dehradun. 4. Learned counsel for the petitioners submitted that two of the aforesaid FIRs were registered during the tenure of respondent no. 4 as the Station House Officer, Police Station Rajpur, District Dehradun, and that respondent no. 4 continues to be posted at the said Police Station. It is contended that respondent no. 4 had threatened the petitioners to enter into a compromise with respondent nos. 5, 7 and 8 and to hand over possession of the disputed property to them. It is further submitted that when petitioner nos. 1 and 2 refused to accede to the said demand, respondent no. 4 became annoyed and threatened to falsely implicate them in criminal cases, have them declared as 'Goondas' and get them arrested. It is alleged that pursuant thereto, a false and frivolous FIR, being FIR No. 0085 of 2026 dated 09.05.2026, came to be lodged against the petitioners at Police Station Rajpur, District Dehradun. In these circumstances, the petitioners submit that they have lost confidence in respondent no. 4 and reasonably apprehend that the investigations would not be conducted in a fair, impartial and transparent manner so long as the same remain under his supervisory control. 5. On the previous date of hearing, this Court directed the learned State Counsel to obtain specific instructions regarding the present posting of respondent no. 4. 6. Today, on the basis of written instructions, learned State Counsel submits that respondent no. 4 is presently posted as the Station House Officer, Police Station Rajpur, District Dehradun. It is further submitted that the State has no objection if the investigations in the aforesaid FIRs are transferred to any other Police Station within District Dehradun. 7. The written instructions produced by the learned State Counsel are taken on record. 8. Having considered the submissions advanced by the learned counsel for the parties and taking into consideration the peculiar facts and circumstances of the case, particularly the allegations levelled by the petitioners against respondent no. 4, the fact that respondent no. 4 continues to be posted as the Station House Officer of Police Station Rajpur, and the fair stand taken by the State that it has no objection to the transfer of investigation, this Court is of the opinion that, in order to ensure a fair, impartial and transparent investigation, it would be appropriate to direct respondent no. 3, the Senior Superintendent of Police, Dehradun, to transfer the investigation of all the aforesaid FIRs to any other Police Station within District Dehradun, other than Police Station Rajpur. 9. The Present Criminal Writ Petition is, accordingly, disposed of with the aforesaid directions. 10. Pending applications, if any, shall also stand disposed of. (Alok Mahra, J.) 17.06.2026 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=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd4 0bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283 D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.06.17 17:04:23 +05'30'