Uttarakhand High Court
Central Bureau Of Investigation vs State Of Uttarakhand And Others on 17 July, 2026
UKHC010122672025
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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, the then Forester/Van
Daroga, Pakhro Range, Kalagarh Tiger Reserve
Division, Lansdowne.
vii. Shri Sandeep Arya, the then Forest Guard,
Sonanadi Range, Kalagarh Tiger Reserve
Division, Lansdowne.
viii. Shri Rajesh Rawat, the then Wireless
Operator (daily wages), Pakhro Range,
Kalagarh Tiger Reserve Division, Lansdowne.
5. It is also submitted that, since the Final Report
under Section 173(2) Cr.P.C. has been filed before the
learned Special Judge, Anti-Corruption, CBI, Dehradun,
it is imperative, in the interest of justice, that the
proceedings pending before the learned Special Judge,
P.C. Act, Kumaon Region, Haldwani, be transferred to the
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notified Court of the learned Special Judge, Anti-
Corruption, CBI Cases, Dehradun, for the smooth
prosecution of the case and to avoid any procedural
inconsistencies and jurisdictional conflicts. On these
grounds, the present transfer application has been filed.
6. Learned counsel for the applicant further
submits that the transfer application is formal in nature
since the charge-sheet has already been filed before the
CBI Court at Dehradun, which alone has jurisdiction to
try cases investigated by the CBI. He, therefore, seeks the
transfer of Misc. Criminal Case No. 01 of 2023, State of
Uttarakhand v. Brij Bihari Sharma and Misc. Criminal
Case No. 22 of 2023, State of Uttarakhand v. Kishan
Chand, from the Court of the learned Special Judge, P.C.
Act, Kumaon Region, Haldwani, to the Court of the
learned Special Judge, Anti-Corruption, CBI, Dehradun.
It is submitted that, as the charge-sheet has already been
filed before the Court of the learned Special Judge, Anti-
Corruption, CBI, Dehradun, the present transfer
application, being formal in nature, deserves to be
allowed.
7. Having considered the submission of learned
counsel for the applicant and perused the material
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available on record, this Court finds that the transfer
sought is purely formal in nature. It is not disputed that
the charge-sheet has already been filed before the Court
of the learned Special Judge, Anti-Corruption, CBI,
Dehradun, which is the competent Court having
jurisdiction to try cases investigated by the CBI.
Consequently, the continuation of Misc. Criminal Case
No. 01 of 2023, State of Uttarakhand v. Brij Bihari
Sharma, and Misc. Criminal Case No. 22 of 2023, State
of Uttarakhand v. Kishan Chand, before the Court of the
learned Special Judge, P.C. Act, Kumaon Region,
Haldwani, would not be in consonance with the
jurisdiction vested in the CBI Court at Dehradun.
8. Accordingly, the transfer application deserves
to be allowed. Misc. Criminal Case No. 01 of 2023, State
of Uttarakhand v. Brij Bihari Sharma, and Misc. Criminal
Case No. 22 of 2023, State of Uttarakhand v. Kishan
Chand, is transferred from the Court of the learned
Special Judge, P.C. Act, Kumaon Region, Haldwani, to
the Court of the learned Special Judge, Anti-Corruption,
CBI, Dehradun, for disposal in accordance with law.
(Siddhartha Sah, J.)
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17.07.2026
BS
BALWANT
Digitally signed by BALWANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf2
8cdf4ba7ce8640c5820, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F41
8755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2026.07.18 11:17:39 +05’30’
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