Uttarakhand High Court

May vs State Of Uttarakhand & Others on 1 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                          2025:UHC:3351-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
         Writ Petition Criminal No. 372 of 2025
                            01 May, 2025
      JUSTICE SHRI MANOJ KUMAR TIWARI
                                 AND
     JUSTICE SHRI VIVEK BHARTI SHARMA


Swami Brahmanand Giri                                        --Petitioner

                                 Versus

State of Uttarakhand & Others                             --Respondents

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Presence:-
Mr. Arvind Vashistha, learned Senior Counsel assisted by Mr.
Hemant Singh Mahra and Mr. Abhishek Anthwal, learned counsel
for the petitioner.
Mr. J. S. Virk, learned Deputy Advocate General for the State.
Mr. Aditya Singh alongwith Mr. Rakshit Joshi, learned counsel
appearing for respondent nos. 3 to 9.
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JUDGMENT:

(per Shri Manoj Kumar Tiwari, J.)

According to petitioner, he made a complaint to Senior Superintendent of Police, Haridwar for registering F.I.R. in respect of various incidents, including mysterious death of one Shri Kapil Advait. The said complaint was allegedly made by petitioner on 29.10.2024. Since preliminary investigation is going on, petitioner approached this Court seeking the following reliefs:-

(a) Issue writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 authorities to expeditiously conclude the investigation on complaint of petitioner dated

2025:UHC:3351-DB 30.10.2024 (Annexure No. 1) and take suitable action accordingly;

(b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 to produce the entire status report of aforesaid investigation before this Hon'ble Court;

(c) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 to provide adequate security to the petitioner;

(d) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 to secure the material evidence and protect it from being destroyed/manipulated at the hands of respondent no. 4 to 10 and their aides;

(e) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 3 to freeze the bank accounts of Mahayog Foundation.

2. Learned counsel for the State, on instructions, submits that the preliminary inquiry is on final stage and same would be concluded within three weeks.

3. In view of the statement made by learned counsel for the State, we dispose of the writ petition by directing S.S.P., Haridwar to have the preliminary inquiry concluded within three weeks from today positively. It shall be open to petitioner to make application for protection through S.S.P., concerned. If he makes such application within one week from today, decision thereupon shall be taken by S.S.P., concerned within four weeks, thereafter.

(Vivek Bharti Sharma, J.) (Manoj Kumar Tiwari, J.) 01.05.2025 01.05.2025 SS/Akash