logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 Utt HC 109 My Notes print Preview print print
Court : High Court of Uttarakhand
Case No : WPCRL. Nos. 1998, 2024 of 2026
Judges: THE HONOURABLE MR. JUSTICE ALOK MAHRA
Parties : Yogesh Rathi Versus State Of Uttarakhand
Appearing Advocates : For the Petitioner: D.C.S. Rawat, Senior Advocate, assisted by Harshit Bisht, Ramji Shrivastava, Advocates. For the Respondent: Pradeep Lohani, A.G.A.
Date of Judgment : 01-10-2026
Head Note :-
Comparative Citation:
2026 UHC 8901,

Judgment :-

1. Mr. D.C.S. Rawat, Senior Advocate, assisted by Mr. Harshit Bisht, Advocate for the petitioner in WPCRL No.1998 of 2026.

Mr. Ramji Shrivastava, Advocate for the petitioner in WPCRL No.2024 of 2026.

Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand.

2. WPCRL No.1998 of 2026 has been filed by the petitioner seeking the following reliefs:

          "a) To issue a writ, order, or direction in the nature of Mandamus commanding the respondents to transfer the investigation of FIR No. 0177 of 2026 (under Sections 115(2), 191(2), 324(4), 351(3), and 352 of the B.N.S. at Police Station Rishikesh, District Dehradun) to an independent investigating agency, specifically to an officer not below the rank of Deputy Inspector General (DIG), to ensure a fair and impartial probe.

          b) To issue a writ, order, or direction in the nature of mandamus commanding quashing of the impugned First Information Report bearing FIR No. 177 of 2026, registered at Police Station Rishikesh, District Dehradun, against the petitioner, along with all consequential proceedings arising therefrom.

          c) To issue a writ, order, or direction in the nature of mandamus commanding Respondent Nos. 1 to 3 to initiate a magisterial inquiry against Respondent No. 4 and other involved police personnel for custodial torture and illegal detention."

3. WPCRL No.2024 of 2026 has been filed by the petitioner seeking the following relief:

          "(i) issue a writ, order or direction in the nature of mandamus, directing transfer of investigation of F.I.R. No. 181/2026, dated 11-5-2026, U/s 308(3), 318(4) & 3(5) of Bharatiya Nyaya Sanhita, 2023, lodged at P.S., Rishikesh, District Dehradun to Vigilance Department, Uttarakhand Establishment, Sector Dehradun or Deputy Superintendent of Police, Dehradun in light of section 17 of the Prevention of Corruption Act."

4. Yogesh Rathi, petitioner in WPCRL No.1998 of 2026, has been arrayed as an accused in F.I.R. No.0177 of 2026, lodged by Dinesh Kothari (petitioner in WPCRL No.2024 of 2026). Likewise, Dinesh Kothari, petitioner in WPCRL No.2024 of 2026, has been arrayed as an accused in F.I.R. No.181 of 2026, lodged by Atul Gupta, who is also an accused in F.I.R. No.0177 of 2026 and has been impleaded as respondent No.6 in WPCRL No.2024 of 2026.

5. Learned counsel for the parties submit that both the F.I.R.s arise out of the same incidents and are interconnected, with allegations and counter-allegations having been levelled against the petitioners and the private respondents in the respective cases.

6. Since common questions arise for consideration in both the writ petitions and the relief sought in both the matters, inter alia, pertains to transfer of investigation, both the writ petitions are being considered together.

7. It is informed that, in WPCRL No.2024 of 2026, the petitioner has already submitted a representation dated 22.09.2026 before the Director General of Police, Uttarakhand, seeking transfer of the investigation.

8. Learned Senior Advocate appearing for the petitioner in WPCRL No.1998 of 2026 submits that the petitioner may also be permitted to submit a representation before the Director General of Police, Uttarakhand, seeking transfer of the investigation.

9. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the allegations contained in either of the F.I.R.s or on the prayer for transfer of investigation, the petitioner in WPCRL No.1998 of 2026 is permitted to submit a representation before the Director General of Police, Uttarakhand, seeking transfer of the investigation, within one week from today.

10. In the event such representation is submitted within the stipulated period, the Director General of Police, Uttarakhand shall consider the said representation along with the representation dated 22.09.2026 already submitted by the petitioner in WPCRL No.2024 of 2026 and shall take an appropriate decision thereon, in accordance with law, by passing a reasoned and speaking order, preferably within a period of four weeks' from the date of production of a certified copy of this order along with copies of the respective representations.

11. It is made clear that this Court has not expressed any opinion on the merits of the allegations contained in either of the F.I.R.s, the rival claims of the parties, or the prayer for transfer of investigation, and the competent authority shall consider the representations independently and strictly in accordance with law.

12. Subject to the aforesaid observations and directions, both the writ petitions stand disposed of.

 
  CDJLawJournal