High Court · 2025

Mr. Deepak Prakash Bhat t , Advocat e for t he pet it ioner.

2. Mr. K.S. Bora, Deput y Advocat e General wit h Mr. J.P. Kandpal, Brief Holder for t he St at e of Ut t arakhand.

3. Mr. Piyush Garg, Advocat e for t he CBI .

4. By m eans of pet it ioner subst ant ive reliefs: - t his writ pet it ion, following t he sought “ i. I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent no. 2 t o subm it t he progress report U/ s 173 of Cr.P.C. j udgm ent and order dat ed t o pursuant 24.7.2018 passed by Crim inal Writ Pet it ion 1050 of 2018 “ Sm t . Kalawat i Rawat and St at e of Ut t arakhand and ot hers.” t his Hon’ble Court ii. I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent no. 3 t o subm it t he progress report of Depart m ent al I nquiry against Sub I nspect or, Kult ar Singh pursuant t o t he j udgm ent and order dat ed 24.7.2018 passed by Crim inal Writ Pet it ion 1050 of 2018 “ Sm t . Kalawat i Rawat and St at e of Ut t arakhand and ot hers.” t his Hon’ble Court iii. I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he respondent no. 4 t o subm it t he progress report of inquiry against t he Shri Udia Singh Rana, ADM, Nainit al, j udgm ent order dat ed pursuant 24.7.2018 passed by t his Hon’ble Court Crim inal Writ Pet it ion 1050 of 2018 “ Sm t . Kalawat i Rawat and St at e of Ut t arakhand and ot hers.” t he t o iv. issue a writ , order or direct ion in t he nat ure t he aut horit ies of m andam us com m anding t o concerned of im m ediat ely st at e governm ent approve/ grant sanct ion t he prosecut ion against six governm ent servant s dat ed charge m ent ioned 22.10.2020 t he respondent no. 2 ( Cent ral Bureau of I nvest igat ion Dehradun) . t he filed by St at e Learned Counsel,

5. inst ruct ions, subm it s t hat an FI R in respect of cust odial deat h of pet it ioner ’s husband was regist ered and one Mr. Um m ed Singh Danu was appoint ed as I nvest igat ing Officer, who subm it t ed a closure/ final report in t he m at t er. The Magist rat e rej ect ed t he final/ closure report and ordered for furt her invest igat ion, and t hereaft er one Mr. Ram Singh Meht a was appoint ed as I nquiry Officer, who subm it t ed a final / closure report . Thereaft er, pursuant t o order passed by Coordinat e Bench of t he I nvest igat ion was handed over t o CBI and CBI has filed a charge sheet under Sect ions 34, 304, 119, 166A, 214 and 218 I PC against eleven persons, out of which, six furt her are Governm ent Servant s. He subm it s t hat t he t rial is going on before Special Judge, CBI , Dehradun. t his Court , t he Regarding

6. Learned St at e Counsel subm it s t hat Mr. Um m ed Singh Danu, t he earlier I nvest igat ing Officer was given adverse ent ry for lapse on his part in collect ing evidence. second I nvest igat ing Officer, nam ely Ram Singh Meht a, learned St at e Counsel subm it s t hat he was also given show cause not ice, however, before any order could be passed against him , he passed away due t o illness, t herefore, no punishm ent was im posed upon him . He furt her subm it s t hat no evidence was found against Mr. Udai Singh Rana t he t hen Addit ional Dist rict Magist rat e, Udham Singh Nagar, t herefore, he was not given any punishm ent . Learned St at e Counsel furt her subm it s t hat com pensat ion of Rs.5,00,000/ - was given t o t he pet it ioner by t he St at e Governm ent . Learned counsel for t he pet it ioner t hen 7. subm it s t hat since CBI had filed charge sheet against eleven persons, out of which six are Governm ent Servant s, however, sanct ion for prosecut ion has been given only in respect of t hree Police Personnel and no sanct ion has been given t o prosecut e t he Jail Personnel. t he m at t er,

8. I n view of t he aforesaid developm ent s reliefs claim ed by pet it ioner do not survive now. No useful purpose would be served by keeping t his writ pet it ion pending. t he The writ pet it ion

9. is, accordingly, disposed of wit h libert y t o pet it ioner t o approach t he appropriat e forum regarding non- grant of sanct ion for prosecut ion t o t he rem aining t hree Governm ent Servant s. Navin ( M a n o j K u m a r Ti w a r i , J.)

17.02.2025