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IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Misc. Application No.25 of 2025

Central Bureau of Investigation …. Applicant

Versus

State of Uttarakhand and others ……… Respondents

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Present:-

Mr. Piyush Garg, learned counsel for the CBI.

Mr. Rakesh Joshi, learned AGA for the State.

Mr. Nikhil Khushwaha, learned counsel holding brief of Mr. Tapan

Singh, learned counsel for the private respondents.

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Hon’ble Siddhartha Sah, J. (Oral)

By means of the present Criminal

Miscellaneous Application under Section 447 of the

BNSS, the applicant has sought the transfer of the trial of

Misc. Criminal Case No. 01 of 2023, State of

Uttarakhand v. Brij Bihari Sharma, arising out of

Charge-sheet No. 1/2023 dated 07.01.2023, and Misc.

Criminal Case No. 22 of 2023, State of Uttarakhand v.

Kishan Chand, arising out of Charge-sheet No. 1A/2023

dated 21.03.2023, filed in connection with FIR No.

06/2022 dated 08.08.2022 registered by the Vigilance

Establishment, Uttarakhand, Nainital Sector, Haldwani,

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from the Court of the learned Special Judge, P.C. Act,

Kumaun Region, Haldwani, Uttarakhand, to the Court of

the learned Special Judge, Anti-Corruption, CBI,

Dehradun.

2. Learned counsel for the applicant submits

that, in compliance with the order dated 06.09.2023

passed by this High Court in WP (PIL) No. 178 of 2021,

the CBI, ACB, Dehradun, re-registered the case as FIR

No. RC0072023A0008 under Sections 420, 466 and 467

of the Indian Penal Code, Sections 3A and 3B of the

Forest (Conservation) Act, 1980, and Section 13(1)(a) of

the Prevention of Corruption Act, 1988 (as amended in

2018), by incorporating FIR No. 06/2022 dated

08.08.2022 of the Vigilance Establishment, Nainital

Sector, Haldwani. A copy of the FIR dated 11.10.2023

has been annexed as Annexure No. 5 to the affidavit.

3. It is further submitted that the learned Special

Judge, P.C. Act, Kumaun Region, Haldwani,

Uttarakhand, allowed the application moved by the CBI.

Thereafter, the learned Special Judge, P.C. Act/2nd

Additional District & Sessions Judge, Haldwani, vide

orders dated 22.05.2024 and 21.08.2024, supplied all

the documents, as per the list of documents in H.C.J.

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Form No. 9, Part IX, filed with Charge-sheet No. 1/2023

dated 07.01.2023 and Charge-sheet No. 1A/2023 dated

21.03.2023 by the Vigilance Establishment, Nainital

Sector, Haldwani, to the CBI on 22.05.2024 and

21.08.2024.

4. It is further submitted that the investigation in

CBI Case No. RC0072023A0008 has been completed, and

a charge-sheet/final report under Section 173(2) Cr.P.C.

for the offences punishable under Sections 120-B, 218,

409, 467 and 471 of the IPC; Section 13(2) read with

Section 13(1)(a) of the Prevention of Corruption Act, 1988

(as amended in 2018); Sections 26(1)(f) and (h) of the

Indian Forest Act, 1927; Section 2(iv) read with Sections

3A and 3B of the Forest (Conservation) Act, 1980; and

Sections 27(2)(a), 27(4) and 35(6) read with Section 51 of

the Wildlife (Protection) Act, 1972, has been filed before

the learned Special Judge, Anti-Corruption, CBI,

Dehradun, on 30.04.2025, which is the designated Court

for trying cases investigated by the CBI, against the

following accused public servants:

i. Shri Kishan Chand, the then Deputy

Conservator of Forests/Divisional Forest

Officer, Kalagarh Tiger Reserve Division,

Lansdowne.

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ii. Shri Brij Bihari Sharma, the then Forest

Range Officer, Sonanadi & Pakhro Range,

Kalagarh Tiger Reserve Division, Lansdowne.

iii. Shri Rahul, the then Director, Corbett Tiger

Reserve, Ramnagar, Nainital.

iv. Shri Akhilesh Tiwari, the then Deputy

Conservator of Forests/Divisional Forest

Officer, Kalagarh Tiger Reserve Division,

Lansdowne.

v. Shri Mathura Singh Mavdi, Deputy Ranger,

Pakhro Range, Kalagarh Tiger Reserve

Division, Lansdowne.

vi. Shri Surendra Singh, th