IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6508 of 2025 Reserved on: 21.05.2025 Decided on: 23.05.2025 Ms. Kiran Negi .…Petitioner.

Versus State of Himachal Pradesh and others …Respondents.

Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹ Yes.

For the petitioner: Mr. R.K. Bawa, Senior Advocate, with M/s Ajay Kumar Sharma, Vivekanand and Chaman Negi, Advocates.

For the respondents: Mr. Anup Rattan, Advocate General with Mr.

Pushpinder Jaswal, Additional Advocate General, Ms. Swati Draik, Deputy Advocate General and Mr. Shalabh Thakur, Assistant Advocate General, for respondents No.1, 3 & 4.

Mr. Hamender Singh Chandel, Advocate, for respondent No.2-Corporation.

Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.5.

Mr. Janesh Mahajan, Advocate, for respondent No.6.

Mr. Sanjeev Kumar Gandhi, Senior Superintendent of Police, Shimla, Sh. Navdeep Singh, Additional Superintendent of Police, Shimla, Sh. Shakti Singh, Deputy Superintendent of Police, Shimla and Sh. Vijay Kumar, Deputy Superintendent of Police, Shimla, in person.

Ajay Mohan Goel, Judge:

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“a. To issue a writ of mandamus or any other appropriate writ, order of direction transferring the

1 Whether reporters of the local papers may be allowed to see the judgment?

case/investigation into suspicious death/murder of Late Shri Vimal Negi in Case FIR No.9/2025 dated 19.03.2025 under Section 108, 3(5) of Bhartiya Nyay Sanhita registered at Police Station New Shimla District Shimla (HP) to the CBI with immediate effect.

b. Directing State Police to handover all relevant documents/record and evidence to the CBI.”

2. The case set up by the petitioner is that her husband was serving as a General Manager at the Headquarters of H.P. Power Corporation Limited (hereinafter referred to as “the HPPCL”). He was serving with the HPPCL as such for last 8 to 9 months, as from the date of his sudden disappearance. On 10^th of March, 2025, her husband Sh. Vimal Negi went missing under suspicious circumstances during duty hours. His body was recovered from Govind Sagar Lake, District Bilaspur, Himachal Pradesh on 18.03.2025. The circumstances, in which, the body was recovered raised serious doubts about the cause of his death. An FIR was lodged on 19.03.2025 at New Shimla Police Station, copy whereof is appended with the petition as Annexure P-2. In this FIR, it was categorically mentioned that Senior Officers of HPPCL, namely, Harikesh Meena, Managing Director; Shivam Pratap Singh, Director (Personal and Finance) and Desh Raj, Director (Electrical) had subjected the husband of the petitioner to continuous mental harassment by pressurizing him to improperly process and recommend files related to Power Projects which led to his suspicious death. FIR No.9/2025 dated 19.03.2025, was registered under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. According to the petitioner, till the filing of the writ petition, Shimla Police had neither interrogated the Officers mentioned in the FIR nor arrested them. Though the anticipatory bail filed by Desh Raj, one of the accused persons, was rejected by the High Court on 26.03.2025, yet no steps were taken to apprehend him. He alongwith other accused continued to move freely without any fear of arrest. Shimla Police as well as the State Government was actively shielding the accused persons to prevent exposure of financial irregularities and corruption in HPPCL Power Projects. It is further the case of the petitioner that Desh Raj filed a petition seeking interim bail before Hon’ble the Supreme Court and when the case was listed on 04.04.2025, none appeared on behalf of the State to oppose the bail application filed by Desh Raj. As per the petitioner, the conduct of the State Government reflected unwillingness on its part to conduct a fair investigation and the intent was to suppress the case