Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.

JUDGMENT :

Rakesh Thapliyal, J.

1. By the instant writ petition, the petitioner is praying for the following reliefs:-

(i) Issue a writ of mandamus or in nature of mandamus to transfer the investigation of all the FIRs, as state in para 2 of the writ petition, lodged against the present petitioner from the Uttarakhand Police to any to an independent investigating agency like Central Bureau of Investigation or an SIT constituted by this Hon’ble Court under the supervision of a retired High Court Judge, which is not under the control of the Government of Uttarakhand.

(ii) Issue an appropriate writ order or direction in the nature of certiorari or mandamus or any other writ declaring the registration of FIR, after grant of interim protection by this Hon’ble Court on 03.05.2024 in SLP (Crl.) No. 900/2024 as illegal arbitrary and violative of the order passed by the Hon’ble Supreme Court of India.

(iii) Quash all the FIR as mentioned in para 2 of the writ petition. Alternatively direct that all FIRs mentioned in para 2 of the writ petition be investigated by an independent investigation to be conducted either by the Central Bureau of Investigation or an SIT constituted by this Hon’ble Court under the supervision of a retired High Court Judge.

(iv) Direct no coercive action shall be taken against the petitioner in as much as registering of any other FIR without prior leave of this Hon’ble Court.

(v) Pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. As it appears from relief (i) the petitioner is seeking a writ of mandamus to transfer the investigation of all FIRs as mentioned in para 2 of the petition from Uttarakhand Police to an independent investigating agency like CBI or SIT to be constituted by the High Court. Now at this juncture para 2 of the writ petition is being reproduced herein as under:-

“2.The present writ petition is being filed under Article 226 of the Constitution of India, seeking issuance of an appropriate writ order or direction to protect the fundamental rights of the petitioner under article 14 and 21 in the light of repeated malicious prosecution by way of registration of multiple false FIRs being

(i) FIR No. 0601/2022 registered at P.S. Kashipur U/s 420, 467, 468, 471 of IPC dated 23.09.2022

(ii) FIR no. 551/2023 registered with PS Kashipur u/s 147, 148, 149, 384, 307, 323, 504, 506 of IPC dated 26.10.2023

(iii) FIR No. 589/2023 registered with PS Kashipur /s 384, 504, 506 IPC dated 26.11.2023

(iv) FIR No. 102/2025 registered with PS Kashipur u/s 78, 79, 356(2) 351(2) and 352 BNS dated 12.03.2025

(v) FIR No. 226/2025 registered with PS Bazpur u/s 406, 420, 504, 506 and 34 IPC dated 12.06.2025 registered against the petitioner in the State of Uttarakhand to direct an independent investigation to be conducted either by the Central Bureau of Investigation or an SIT constituted by this Hon’ble Court under the supervision of a retired High Court Judge, in the above-mentioned 5 (five) FIRs and as the FIRs registered against the petitioner arises out of blatant abuse of the criminal justice process, at the instance of some political influential persons, as this Hon’ble Court fit and just in the facts and circumstances of the case.

3. Now as it appears from relief (i) there is no reference of a particular FIR though in para 2 reference of five FIRs has been given the details of which are as follows:-

(i) FIR No. 0601 of 2022, registered at P.S. Kashipur for the offences punishable under Sections 420, 467, 468 and 471 IPC dated 23.0