Uttarakhand High Court
Unknown vs State Of Uttarakhand & Others on 31 October, 2025
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (PIL) No.156 of 2025
31st October, 2025
Suo Motu PIL in Re Free and Fair Elections of Zila
Panchayat
---Petitioner
Versus
State of Uttarakhand & Others ---Respondents
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Presence:-
Mr. A.S. Rawat and Mr. D.S. Patni, learned Senior Counsel assisted by Mr.
Tribhuwan Phartiyal, learned counsel for the petitioner.
Mr. C.S. Rawat, learned C.S.C. along with Mr. Gajendra Tripathi, learned
Standing Counsel for the State of Uttarakhand.
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JUDGMENT :
(per Sri G. Narendar, C.J.)
1. Heard the learned senior counsels and the
learned Chief Standing Counsel.
2. Shri Himanshu Pant, I.O. in FIR No.46/2025
registered for offences u/s 140(3), 221, 223 and 174 BNS
and Section 131(1)(b) and 134B of the Representation of
Peoples Act and Section 25/4 of the Arms Act and FIR
No.48/2025 registered for the offences u/s 191(2), 115(2),
140(3) BNS has filed a status report with regard to the
progress of the investigation. It is stated that the
ownership of 03 vehicles has been investigated; the DVR of
the CCTV in Arcadia Hotel, Nainital has been collected and
that two persons have been arrested, one by the police and
one now by the SIT. It is also stated that notices have been
issued to 27 persons who have been identified as accused
and the statements have been recorded and further action
is in progress.
3. The second status report is filed by Smt. Vijaya,
the I.O. in FIR No.47/2025 for the offences registered u/s
191(2)/140(3)/115(2)/352/351(3)/74 BNS. It is stated that
the complainant has handed over one pen drive of 32 Gb
storage capacity; that, pursuant to investigation she has
issued notices u/s 35(3) BNSS to 06 persons named in the
FIR and has also recorded the statement of the Vice
President of Zila Panchayat and 02 other lady elected
members of Zila Panchayat, who denied the allegations
regarding Section 74 BNS which was levelled by the
complainant in the FIR as well as in the statement recorded
u/s 180 and 183 BNSS. Report is taken on record.
4. Similarly, status report is filed by Smt. Lata
Joshi, I.O. in F.I.R. No.49/2025 for offences registered u/s
191(2), 140(3), 115(2), 351(3) and 62 BNS. It is stated
that the complainant did not turn up to record his
statement and is also not cooperating with the
investigation; that, she has recorded the statements of 04
witnesses and also the statement of 02 persons named in
the FIR and that notices u/s 35(3) BNSS have been issued
to 05 persons. Report is taken on record.
5. Ms. Lata Joshi is also the I.O. in FIR No.50/2025
for offences registered u/s 191(2), 115(2), 140(3) and
310(2) of BNS. It is stated in paragraph-5 that the notice
sent to the complainant could not be served as the
complainant was not available in his residence. The FIR is
lodged against 10 named persons and 01 unknown person
for abducting his brother and 04 other elected Zila
Panchayat members; that she has recorded the statement
of 07 other witnesses.
6. One other report is filed by Shri Pratap Singh
Negi, I.O. in FIR No.51/2025 for the offences registered u/s
191(2), 115(2), 140(3) and 62 BNS and it is stated that
the investigation is in progress and that the statement of
05 elected members has been recorded.
7. It is pertinent to record that the pace of
investigation appears to be tardy. Material in the form of
CCTV footage is available in abundance. Despite the
passage of more than two and half months, the pace of
investigation does not appear to be satisfactory. We hope
that the IOs would intensify their efforts and ensure that
the investigation is completed at the earliest.
8. The reports be kept in a sealed cover in the safe
custody of Registrar (Judicial).
9. The complainants are permitted to furnish such
material as they desire and which would aid the
investigation of the crime.
10. List this case on 28.11.2025.
(G. NARENDAR, C. J.)
(SUBHASH UPADHYAY, J.)
Dated: 31.10.2025
R/SS
