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HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Anoop Kumar Agrawal – Appellant
Versus
State Of Uttarakhand – Respondent
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
Writ petition for transfer of investigation and quashing of FIRs dismissed as registration is mandated by law; prior protection does not prevent new FIRs.
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingl....
The court emphasized the limited scope of the court's interference under Article 226 and the obligation of police to register an FIR if a cognizable offence is disclosed.
Investigation can be transferred only in rare and exceptional cases where necessary to do justice between the parties and instill confidence in public or where investigation by State police lacks cre....
The court affirmed that senior officials cannot obstruct FIR registration and must adhere to legal protocols, emphasizing accountability in law enforcement.
The court affirmed that a senior officer cannot avoid accountability for procedural lapses and that the transfer of investigation to the CBI is not warranted without exceptional circumstances.
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