9 March vs State Of Uttarakhand & Ors on 19 March, 2026

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    Uttarakhand High Court

    9 March vs State Of Uttarakhand & Ors on 19 March, 2026

    Author: Rakesh Thapliyal

    Bench: Rakesh Thapliyal

                                                                  2026:UHC:1942
    
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
          Writ Petition Criminal No. 1009 of 2025
                             19 March, 2026
    
    
    Anoop Kumar Agrawal                                     --Petitioner
                               Versus
    State Of Uttarakhand & Ors.                  --Respondents
    ------------------------------------------------------------
    

    Presence:-

    Mr. P.N. Mishra, learned Senior Advocate (through V.C.) assisted
    by Mr. Alok Pandey, learned counsel for the petitioner.
    Mr. Amit Bhatt, learned Government Advocate with Mr. J.S. Virk,
    learned Dy. Advocate General for the State.

    ————————————————————–
    (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

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    2026:UHC:1942
    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:-

    SPONSORED

    “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

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    2026:UHC:1942
    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 23.09.2022.

    (ii) FIR No. 551 of 2023, registered at P.S. Kashipur,
    for the offences punishable under Sections 147,
    148, 149, 384, 307, 323, 504, 506 IPC dated
    26.10.2023.

    (iii) FIR NO. 589 of 2023, registered at P.S. Kashipur
    for the offences punishable under Sections 384,
    504, 506 IPC dated 26.11.2023.

    (iv) FIR No. 102 of 2025, registered at P.S. Kashipur,
    for the offences punishable under Sections 78, 79,
    356(2), 351(2) and 352 of BNS 2023 dated
    12.03.2025.

    (v) FIR No. 226 of 2025 registered at P.S. Bazpur for
    the offences punishable under Sections 406, 420,
    504, 506 and 34 IPC dated 12.06.2025.

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    2026:UHC:1942

    4. At this juncture Mr. J.S. Virk, learned Dy. Advocate
    General for the State raised serious objection
    particularly in reference to relief (i) by submitting that
    out of five FIRs in two FIRs. i.e. FIR No. 551 of 2023
    and FIR No. 589 of 2023, on completion of
    investigation charge sheet has already been filed and,
    therefore there is no question to transfer the
    investigation of these two FIRs to any other agency. Mr.
    Virk, submits that there is no disclosure about the fact
    that in these two FIRs the investigation has already
    been completed and the charge sheet has been filed.

    5. So far as relief (ii) whereby the petitioner is
    seeking declaration of registration of FIR as illegal and
    arbitrary as well as violative of the order passed by the
    Hon’ble Apex Court dated 03.05.2024 in SLP (Crl.) No.
    900 of 2024 is concerned, first of all the reference is
    being made of the order passed by the Apex Court in
    SLP (Crl.) No. 900 of 2024 whereby interim protection
    was granted to the petitioner. The first order passed by
    the Apex Court in the aforesaid SLP dated 24.01.2024
    is read as under:

    “1. Issue notice, returnable in four weeks.

    2. Dasti service, in addition, is granted.

    3. In addition to the usual mode, liberty is granted to
    the petitioner to serve notice through the Standing Counsel
    for the respondent/State.

    4. By way of ad interim order, in the event of arrest
    petitioners be released on bail in connection with FIR No.
    551/2023 dated 26.10.2023 registered at P.S. Kashipur,
    Udham Singh Nagar, Uttarakhand, subject to them
    executing personal bonds for a sum of Rs. 25,000/-
    (Rupees Twenty Five Thousand Only) each, with one or
    more sureties in the like amount.

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    2026:UHC:1942

    5. However, the petitioners are directed to cooperate
    with the investigation and report to the Investigating
    Officer as and when directed to do so.”

    Subsequently, the aforesaid order of interim
    protection dated 24.01.2024 was made absolute on
    03.05.2024, which reads as under:-

    “1. Learned counsel for the respondent/State and
    the learned counsel for the complainant vehemently
    oppose the petition.

    2. However, taking into consideration the facts
    and circumstances of the case, the special leave
    petition is disposed of by making the order dated
    24.01.2024 passed by this Court absolute.

    3. Pending application(s), if any, shall stand
    disposed of.”

    6. Mr. J.S. Virk, learned Dy. A.G. for the State
    submits that relief (ii) is also misconceived and cannot
    be granted for the simple reason that the petitioner is
    praying for declaration of registration of FIR as illegal
    and arbitrary after grant of order of protection by the
    Hon’ble Supreme Court though as it reveals from the
    order granting interim protection by the Hon’ble Apex
    Court the protection was granted only in reference to
    FIR No. 551 of 2023 and as a matter of fact the
    investigation of the said FIR was already completed and
    charge sheet has also been filed much prior to the
    order passed by the Hon’ble Apex Court dated
    03.05.2024 whereby the order of interim protection
    dated 24.01.2024 was made absolute. He
    submits that by virtue of relief (ii) the petitioner cannot
    seek declaration of registration of FIR as illegal and

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    2026:UHC:1942
    arbitrary merely on the ground that the other FIR has
    been registered after grant of interim protection by the
    Hon’ble Apex Court in view of law laid down by the
    Hon’ble Apex Court in the case of Lalita Kumari vs.
    State of U.P.
    (2014) 2 SCC 1 wherein it is held that
    registration of First Information Report (FIR) is
    mandatory if the information discloses the cognizable
    offence and if the police officer refuses to register the
    FIR despite the cognizable offence, action can be taken
    against them. By giving reference of the aforesaid
    judgment of Lalita Kumari (supra) Mr. Virk, learned
    Dy. A.G. submits that relief (ii) is thoroughly
    misconceived.
    He further pointed out that there is
    another aspect of the matter that the relief (ii) cannot
    be granted for the simple reason that the order of
    Hon’ble Supreme Court whereby protection was
    granted to the petitioner is only confined to FIR No. 551
    of 2023 and there is no restrain order by the Apex
    Court that no further FIR can be lodged or registered,
    therefore, relief (ii) in fact is contrary to the law
    declared by the Hon’ble Apex Court in the case of
    Lalita Kumari (supra), and, therefore, relief (ii) is
    liable to be rejected.

    7. The next relief is relief (iii) whereby the petitioner
    is praying for quashing of all FIRs as mentioned in para
    2 of the writ petition and alternatively praying for
    transfer of investigation to be conducted by the
    independent investigating agency like CBI or SIT which
    he has already prayed for in relief (i). In respect of
    relief (iii), Mr. Virk, learned Dy. A.G. submits that relief

    (iii) is in fact contrary to relief (i) and misconceived

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    2026:UHC:1942
    since by this relief the petitioner is praying for quashing
    of all FIRs and alternatively praying for transfer the
    investigation to another agency. Mr. Virk submits that in
    relief (iii) there is no reference of a particular FIR and
    as pointed out earlier in two FIRs, i.e., FIR No. 551 of
    2023 and FIR No. 589 of 2023 charge sheet has
    already been filed, therefore, there is no question for
    quashing of these two FIRs and so far as other FIRs are
    concerned from the face of it cognizable offences are
    made out which requires investigation and as such
    cannot be quashed. He further submits that relief (iii) is
    consequential to relief (ii) and contrary to relief (i) and
    as such the same is misconceived and cannot be
    granted. Mr. Virk also submits that praying for transfer
    of investigation to another independent agency and
    simultaneously praying for quashing of FIRs cannot be
    prayed for at once and rest of the reliefs are
    consequential to relief (i) (ii) and (iii).

    8. Learned Senior Counsel appearing for the
    petitioner submits that the registration of multiple FIRs
    against the petitioner despite protection order passed
    by the Hon’ble Apex Court is nothing but blatant abuse
    of criminal justice process at the instance of some
    political influential person. In the petition reference of
    all the FIRs has been given and also attack on the
    conduct of the police officials. Learned Senior Counsel
    for the petitioner submits that by the previous order
    dated 16.02.2026, in fact, the writ petition is confined
    to only two FIRs i.e. FIR No. 226 of 2025 and FIR No.
    102 of 2025, therefore, the instant petition be treated
    to be confined to two FIRs.

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    2026:UHC:1942

    9. I perused the previous order dated 16.02.2026
    from which it reveals that an undertaking was given by
    the petitioner that he will cooperate with the
    investigation consequently he was directed to get
    instruction from his client on which date he will appear
    before the concerned I.O. and the matter was posted
    on 24.02.2026 and simultaneously concerned I.O. was
    directed to take another date before the Sessions Court
    where he has moved an application for vacating the
    anticipatory bail granted by the Sessions Court in FIR
    No. 104 of 2025.

    By subsequent order dated 24.02.2026, the
    petitioner was directed to appear before the I.O.
    concerned in order to record his statement and till such
    time the interim protection was granted to the
    petitioner that no coercive action shall be taken against
    him and simultaneously State was directed to apprise
    this Court about the status of the investigation

    10. Yesterday specific query was put on to Mr. Virk the
    learned Dy. A.G., whether the petitioner appeared
    before the concerned I.O. in compliance to the previous
    order and on such query Mr. Virk pointed out that
    though the petitioner appeared before the I.O. but
    entered in the police station with 15 to 20 supporters
    including 10 to 12 Advocate with one sitting M.L.A. and
    the entries were also made in the general diary.
    Consequently, Mr. Virk was directed to place on record
    the extract of general diary by way of an affidavit and
    now in compliance thereof the I.O. concerned filed an
    additional affidavit by enclosing the relevant extract of

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    2026:UHC:1942
    general diary particularly G.D. No. 52.

    11. I perused the additional affidavit along with the
    extract of general diary and what it reveals that
    petitioner though appeared before the concerned I.O.
    but with 15 to 20 supporters, 10 to 12 Advocates and
    one sitting MLA which itself shows that the petitioner in
    fact misused the liberty granted by this Court pursuant
    to previous order dated 16.02.2026 and 24.02.2026.
    Entering in the police station with 15 to 20 supporters
    along battery of lawyers and one sitting MLA reveals
    that to somehow the petitioner make an attempt to
    influence the investigation by adopting pressure tactics
    which is wholly unwarranted. The petitioner should
    keep in his mind that he is a suspected accused facing
    investigation and the High Court granted him protection
    so that he may cooperate with the investigation so that
    the investigation be concluded in a fair and transparent
    manner. What was the purpose of the petitioner to
    enter in the police station with 15 to 20 supporters and
    battery of lawyers with a sitting MLA. In one side, the
    petitioner is praying for transfer of investigation to CBI
    since he has no trust on the State investigating agency
    and in another way he himself adopting pressure tactics
    on the investigating agency as it appears from the G.D.
    entry. Mr. Virk, learned Dy. A.G. also shown certain
    video clips which he has received from the I.O.
    concerned. Such a conduct of the petitioner cannot be
    accepted which is nothing but amount to an
    interference with the investigation, despite the fact that
    even the Court should refrain from interfering with the
    investigation.

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    2026:UHC:1942

    12. So far as reliefs as sought in this petition are
    concerned this Court fully convinced with the
    arguments of Mr. J.S. Virk, learned Dy. A.G. that the
    reliefs as sought cannot be granted as firstly the relief

    (i) appears to be very vague one whereby the
    petitioner is praying for transfer of investigation of all
    FIRs as mentioned in para 2 though as a matter of fact
    out of five FIRs in two FIRs investigation has already
    been completed and the charge sheet has been filed,
    therefore, without challenge to the charge sheet there
    is no question for quashing of the FIRs.

    13. So far as relief (ii) is concerned, the relief as
    sought is contrary to the law laid down by the Hon’ble
    Apex Court in the case of Lalita Kumari (supra). The
    registration of FIR is in fact is the mandate of law,
    therefore, no such declaration, as sought, can be
    granted merely on the ground that interim protection is
    granted to the petitioner by the Hon’ble Apex Court in
    SLP No. 900 of 2024 particularly when there is no
    restrain order for registration of another FIR with
    different allegations

    14. So far as relief (iii) is concerned, relief (iii) is
    nothing but appears to be repetition of relief (i) and (ii)
    and as observed in the preceding paragraphs in two
    FIRs charge sheet has already been filed which has not
    been challenged so far. Remaining FIRs are under
    investigation and there is no such material which
    warrant transfer of investigations to any other
    investigating agency particularly when the petitioner to

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    somehow make an attempt to influence the
    investigation, and, in such an eventuality this Court
    decline to grant such relief.

    15. In such view of the matter, I do not find any merit
    in the instant writ petition, and, is accordingly
    dismissed without prejudice to the rights of the
    petitioner. Investigation agency proceed and conclude
    the investigation as per law. Interim protection granted
    earlier is also vacated.

    16. No order as to costs.

    (Rakesh Thapliyal, J.)

    Parul

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