Ved Rattan and others v. Union of India and others

authorities: first on 19 April 2022 and 30 May 2023 to the S.H.O., Prem Nagar Police Station; thereafter on 31 May 2023 the Sub-Divisional Magistrate, Vikasnagar, 3 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. Dehradun; and finally on 12 September 2023 to the Special Investigation Team, Inspector General (Registration), Dehradun after a public notice invited reports of land- registration frauds. Despite these representations, no meaningful action ensued.

7. When investigation by local police proved ineffective, it was transferred to the CBCID. However, the Petitioners allege that even after transfer, progress has been negligible and repeated judicial directions, including those requiring the Investigating Officer to appear personally and undertake to file a report within two months, have not been complied with.

8. Learned Counsel for the Petitioners, Mr. Susheel Kumar, submitted that the investigation into FIR No. 199 of 2022 has been rendered wholly ineffective and perfunctory. Despite the case having been transferred from the local police the Crime Branch, Criminal Investigation Department (CBCID), upon directions of this Court, no final report has been filed even after more than two years. Learned Counsel pointed repeated adjournments and non-compliance of judicial orders, 4 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. including undertakings given by the Investigating Officer before the Court, demonstrate deliberate apathy and institutional bias in favour of the accused persons.

9. It was argued on behalf of the Petitioners that the accused persons arrayed as respondent Nos. 11 to 16 are influential individuals with a history of similar land frauds and criminal antecedents, and that their nexus with officials of various departments has enabled them to frustrate the investigation.

10. Learned Counsel submitted that even after several complaints, site inspections, and directions from the higher police authorities, no arrests have been made, no charge- sheet has been submitted, and crucial documentary evidence regarding ownership and registration fraud has not been collected. The investigation, according Petitioners, stands reduced to a mere formality, thereby infringing their fundamental right to a fair and impartial investigation under Article 21 of the Constitution of India.

11. Learned Counsel the Petitioners further contended that this Court, by its earlier order dated 5 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J.

01.04.2025, passed by the Coordinate Bench, had recorded the personal appearance of Mr. Kishan Kumar Tamta, Investigating Officer, CBCID, who had assured the Court that the police report would be submitted within one and a half months, which period was subsequently extended to two months. However, despite such categorical assurance, no progress report or final report has been placed before the Court. It was submitted this non-compliance constitutes a breach of the solemn undertaking made to the Court and reflects both apathy and lack of bona fides on the part of the investigating agency.

12. It was also submitted by learned Counsel for the Petitioners that the magnitude of the offence involves forgery of title documents, tampering of registration records, and unlawful occupation of multiple plots, which clearly transcend the competence of local investigative agencies. The Central Bureau of Investigation or, alternatively, a Special Investigation Team headed by senior officers of impeccable integrity, would be better equipped to unearth the organized nexus. It was further urged that the present case bears features of an inter-State economic offence and a 6 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. systemic manipulation of land records, which warrants a transfer of investigation beyond the State machinery.

13. Per contra, learned Counsel for the State of Uttarakhand, submitted that the investigation was duly transferred to the CBCID to ensure independence and credibility, and that the agency has substantially advanced the investigation. It was stated that witnesses have been examined, documentary evidence has been collected, and the process of verification and collation is in progress. Learned State Counsel contended that the Petitioners’ grievance about delay cannot justify the extraordinary relief of transferring the investigation to the CBI in the absence of any cogent material showing bias or mala fide conduct.

14. Learned Counsel for the State further submitted that the State has no interest in shielding any offender, and the Director General of Police, Uttarakhand, is already supervising the matter. The Investigating Officer had sought additional time before the Coordinate Bench only because record involved multiple accused, cross-linked transactions, and verification of forged sale deeds spanning over two decades. It was contended that the Petitioners’ 7 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. allegations of bias are speculative, and mere dissatisfaction with the pace of investigation does not constitute a legal ground for transfer.

15. Learned Counsel for the Central Bureau of Investigation, Mr. Piyush Garg, appearing for respondent Nos. 3 and 4, submitted that unless the matter is specifically entrusted to the CBI by order of this Hon’ble Court, the agency has no jurisdiction to intervene. Learned Counsel, however, clarified that the CBI would abide by any direction that this Court may issue, whether regarding assumption of investigation or coordination with the State agency.

16. Learned Counsel for respondent No. 12, Mr. Bhuwan Bhatt, and learned Counsel for respondent No. 13, Mr. Ashutosh Thakral, opposed the petitions, submitting that the entire controversy arises out of civil disputes concerning title and possession of immovable property.

17. It was argued that the Petitioners’ claims, based on alleged encroachment of a plot purchased in 1999, are primarily civil in nature and cannot form the basis of 8 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. invoking the extraordinary writ jurisdiction for the transfer of a criminal investigation. Learned Counsel emphasized that the allegations of organized land mafia are unfounded and unsupported by any prima facie material.

18. Learned Counsel for the said private respondents further contended that the Petitioners have approached this Court after an inordinate delay of over two decades and are now seeking to convert a civil dispute into a criminal case. It was also urged that the CBCID is an independent agency of the State, and there is no allegation of personal bias against any particular officer. Hence, no ground exists to invoke the extraordinary power of this Court to direct a transfer of investigation.

19. Heard learned counsel for the Parties and perused the records.

20. The factual background is not in serious dispute, and the central grievance of the Petitioners pertains to the quality, pace, and perceived fairness of the ongoing investigation in FIR No. 199 of 2022, Police Station Prem Nagar, Dehradun. 9 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J.

21. It is evident from the materials on record that the case has had a long and rather protracted trajectory. The initial investigation was entrusted to the local police and was later transferred to the CBCID to ensure greater objectivity. The CBCID took charge with the stated purpose of carrying out a specialized and independent probe. However, despite several months having elapsed since such transfer, no final report has been placed on record. The Investigating Officer has, on multiple occasions, sought time to complete the process, but the matter continues to linger without definite closure.

22. The Court cannot remain oblivious to the legitimate frustration expressed by the Petitioners, who are senior citizens residing outside the State, and who allege to have been deprived of their property through a coordinated fraud. For individuals who have waited years to secure justice, the prolonged pendency of the investigation inevitably breeds a sense of helplessness and erodes public confidence in the system. The promise of a fair, efficient, and impartial investigation is not merely procedural;it is integral to the idea of justice itself. 10 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J.

23. At the same time, the Court is conscious that the allegations in the present case are not confined to a single incident or a limited set of transactions. They extend over a wide span of time, involving multiple accused, forged documents, overlapping property records, and competing claims of title. The land in question forms part of an old residential layout where changes of possession, mutation entries, and constructions have occurred over several years. It would therefore be unrealistic to expect the investigating agency to unravel the entire web of transactions within a short span, particularly when several records lie scattered across different offices and departments.

24. The difficulty, however, lies not in the complexity of the task but in the absence of visible progress and clarity of direction. The affidavits filed on behalf of the State merely recount procedural steps and do not convey any concrete development. The Court finds no indication that decisive measures such as custodial interrogation of the principal accused, forensic examination of documents, or verification of the original title records have been undertaken with earnestness. Such omissions naturally raise doubts about 11 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. the seriousness of the endeavour, even if mala fides cannot be conclusively inferred.

25. An investigation, to inspire confidence, must not only be fair in substance but must also appear to be so. Independence and diligence must go hand in hand. Where an agency, despite repeated judicial indulgence, fails to demonstrate meaningful progress, it invites judicial scrutiny.

26. While the Court refrains from attributing ulterior motives to the officers concerned, it cannot overlook the systemic inertia that undermines the very purpose of transferring investigation to a specialized branch like the CBCID.

27. The situation thus presents a delicate balance. On one hand lies the demand of the Petitioners for a further transfer of investigation to the CBI, and on the other, the need to preserve continuity of the ongoing process. A transfer of investigation, once ordered, must not become a routine administrative response to every allegation of delay. Each transfer inevitably resets the process, causes duplication of effort, and prolongs the completion of the 12 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. investigation. What is therefore required is not a change of agency but an infusion of urgency, supervision, and accountability within the existing framework.

28. This Court is, therefore, of the considered view that the failure to complete the investigation within a reasonable time cannot be condoned, but at the same time, it does not warrant a fresh transfer at this juncture. The CBCID must be directed to expedite the matter with utmost seriousness transparency. The Director General of Police, Uttarakhand, shall personally oversee the progress and ensure that officers assigned to the case discharge their duties with the rigour expected of a premier investigating branch.

29. The right to fair and timely investigation is not a privilege granted at the discretion of the State; it is an essential component of the rule of law. Justice delayed at the stage of investigation not only prejudices the victims but also corrodes the credibility of the institution entrusted with maintaining law and order. This Court expects that the investigating agency will treat the present order as a final opportunity to restore public faith by completing the probe 13 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. within the timeline now prescribed. ORDER In light of the discussion and conclusions recorded above, this Court finds that the investigation into FIR No. 199 of 2022, Police Station Prem Nagar, District Dehradun, has remained pending for an inordinate period and that the progress so far does not reflect the seriousness expected in a matter involving allegations of organized land fraud. The delay has not been satisfactorily explained, though the circumstances of the case may have contributed to its complexity. The ends of justice, therefore, demand that a final opportunity be afforded to the investigating agency to conclude the probe within a definite and non-extendable timeframe under the close supervision of the highest police authority of the State. Accordingly, the present writ petitions are disposed of with following directions issued immediate compliance:- (i) The Crime Branch, Criminal Investigation Department (CBCID), Uttarakhand, 14 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. conclude the investigation in FIR No. 199 of 2022, Police Station Prem Nagar, District Dehradun, and submit its final report under Section 173(2) of the Code of Criminal Procedure before the competent court within six weeks from the date of receipt of this order. (ii) The Director General of Police, Uttarakhand, shall personally monitor the progress of the investigation. A senior officer not below the rank of Deputy Inspector General shall be designated to review the investigation every fortnight and to ensure that all material evidence, including documentary and forensic, is properly collected, examined, and placed on record. (iii) The present Investigating Officer shall not be transferred or relieved from the case until the final report is submitted. In the event of any change in the investigating team, the reasons shall be recorded in writing and placed before the Director General of Police. 15 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J. (iv) If the investigation is not completed within the stipulated period without cogent justification, it shall be open to the Petitioners to apply for revival of these petitions, whereupon the Court shall consider the question of entrusting the matter to another agency, including the Central Bureau of Investigation, without any further notice to the State.

29.08.2025 (Ashish Naithani, J.) Akash AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48 ef73518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee492 24c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH 16 Criminal Writ Petition No. 1403 of 2023, Ved rattan and ors.Vs Union of India & Ors. with Criminal Writ Petition No. 58 of 2023, Pooja Talwar vs. Union of India & Ors. Ashish Naithani J.