Extracted from the PDF above. The PDF is authoritative.
UKHC010034262026
2026:UHC:7214 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (CRIMINAL) No.418 of 2026
Kapil Khulbe
--Petitioner
Versus
State of Uttarakhand & Others --Respondents
---------------------------------------------------------------------- Presence:- Mr. T. P. S. Takuli, learned counsel for the petitioner. Mr. V. S. Rawat, learned A.G.A. for the State. ----------------------------------------------------------------------
Hon’ble Siddhartha Sah, J. (oral)
By means of the present Writ Petition, the petitioner has primarily sought the following relief:- (i) Issue a writ, order or direction in the nature of Mandamus, directing the respondents to change the investigating officer in connection with complaint dated 05-05-2023 submitted by the petitioner against the Respondent no. 5, her husband and respondent no. 6 and two mediators to the P.S. Kaladhungi, District Nainital. 2. In the pre-lunch session, when the matter was taken up, it was noticed that the aforesaid complaint had been made to the SHO, P.S. Kaladhungi, which was received by the said police station on 05.05.2023. The learned AGA for the State was requested to seek instructions regarding the status of the aforesaid complaint submitted at the police station Kaladhungi. 1
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3. In the post-lunch session, learned AGA for the State has placed on record a written report dated 13.08.2026 sent by the Chowki In-charge, Kotabagh, Kotwali Kaladhungi, District Nainital, whereby he has apprised the Government Advocate that the petitioner had submitted a complaint dated 05.05.2023 at the concerned police station. Vide Report No. 57, the said complaint was entered for the purpose of inquiry. The inquiry was entrusted to the then Chowki In-charge, Kotabagh, S.I. Shri Ramesh Chandra Pant, who, on being contacted over the telephone, informed that there was a dispute between both the parties with respect to the sale/purchase of land and money. Both the parties, since they were engaged in talks for a compromise and the matter was of a civil nature, were instructed to get the matter decided by the Court. No offence in relation to the said matter has been registered at the police station. At present, the inquiry is being conducted by the Circle Officer, Ramnagar, District Nainital, and the report has been submitted accordingly. The copy of the report, as handed over by the learned AGA for the State in the Court, is taken on record. 4.
From the aforesaid report of Kotwali, Kaladhungi, District Nainital, dated 13.08.2026, it is apparent that the inquiry pursuant to the complaint of the petitioner is underway. Hence, at this stage, no order as sought by virtue of the writ petition can be passed. However, the Circle Officer, Ramnagar, District Nainital, is directed to expedite the 2
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2026:UHC:7214 aforesaid inquiry and conclude the same within three months. 5. No other order needs to be passed. 6. With the aforesaid directions, the present writ petition stands disposed of. (Siddhartha Sah, J.)
13.08.2026 Akash 3