Shivam Sharma vs State Of Uttarakhand
2025 Latest Caselaw 3837 UK

Uttarakhand High Court

Shivam Sharma vs State Of Uttarakhand on 23 April, 2025

                                                    2025:UHC:2941-DB

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
      HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                         AND
           HON'BLE SRI JUSTICE ALOK MAHRA
                         23rd APRIL, 2025

        WRIT PETITION CRIMINAL No. 315 OF 2025

Shivam Sharma                                         ...Petitioner

                               Versus

State of Uttarakhand
And Others                                          ...Respondents


Presence:-
Mr. D.C.S. Rawat and Mr. Vikas Bahuguna, learned counsel for
the petitioner.
Mr. J.S. Virk, learned Deputy Advocate General alongwith Mr.
Rakesh Joshi, learned Brief Holder for the State.



----------------------------------------------------------------------

JUDGMENT:

(per Mr. G. Narendar C.J.)

Heard learned counsel for the petitioner and

learned Deputy Advocate General for the State.

2. The petitioner has prayed for the following reliefs:-

"(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 and 2 to provide the adequate the police protection for life and liberty of the petitioner and his family members from the clutches of the respondent no.5 or alternatively the Hon'ble Court may graciously be pleased to mould the relief appropriately taking into account the averment made in the writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to suspend the accused respondent no.5 and initiate the departmental disciplinary proceedings against the respondent no. 5 on the basis of the complaint given by the petitioner to S.S.P. Dehradun.

(iii) Issue a writ, order or direction in the nature of

2025:UHC:2941-DB mandamus directing the respondent no. 1 to constitute independent special investigation team to investigate the offences reported by the petitioner to ensure free and fair investigation."

3. Learned Deputy Advocate General would submit

that, pursuant to the complaint of the petitioner, an

inquiry has been instituted and the inquiry is going on.

4. In that view, we are of the considered opinion that

the instant writ petition can be disposed of by granting

liberty to the petitioner to assist in the inquiry as a

witness.

5. The Inquiry Officer/Authority shall permit the

petitioner to assist the authorities/office in the

completion of the inquiry.

6. Petition stands ordered accordingly.

7. There shall be no order as to costs.

_______________ G. NARENDAR, C.J.

_________________ ALOK MAHRA, J.

Dt: 23rd April, 2025 UJJWAL