Dismissed¶7

Rafeena v. State of Uttarakhand

Uttarakhand HC3 Mar 2025WPCRL/67/2025

Case brief

AI extract

What is this about?

WPCRL No.67 of 2025; criminal writ; mandamus; action against investigating officer; fair and impartial investigation; transfer of investigation; FIR No.0501/2024 dated 30.11.2024; FIR No.408/2022 progress report; Police Station Bazpur; District Udham Singh Nagar; Sections 109(1), 115(2), 332(a), 351(3) BNS 2023; charge-sheet under Sections 103(1), 115(2), 351(3), 3(5) BNS dated 17.02.2025; dismissed as infructuous; Pankaj Purohit, J.; decision date 03.03.2025.

What did the court decide?

No relief granted. Petition dismissed as infructuous because the investigation concluded and a charge-sheet was filed on 17.02.2025 against respondent nos.5, 7 and 8. Per the partially OCR-garbled ¶7, the petitioner was indicated liberty to avail remedy under the appropriate law against the person(s) for whom the charge-sheet has not been filed. ¶7

SL. No Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
	WPCRL No.67 of 2025 Hon’ble Pankaj Purohit, J. Mr. Subhas Joshi, learned counsel for the petitioner. 2. Mr. B.C. Joshi, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By means of the present criminal writ petition, petitioner seeks following reliefs:- “(i) Issue a writ rule, order or direction in the nature of mandamus commanding and directing the respondent nos.1, 2 & 3 to take appropriate action against the investigation officer of the First Information Report dated 30.11.2024 registered as FIR No.0501/2024, under Section 109(1), 115(2), 332(a), 351(3), Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Bazpur, District Udham Singh Nagar for not doing fair and impartial investigation and further to direct the respondent no.1, 2 and 3 to submit progress report in the FIR No.408/2022 (contained as annexure no.1 to this writ petition). (ii) Issue a writ rule, order or direction in the nature of mandamus commanding and directing the respondent no.3 to transfer the investigation of FIR No.0501/2024, under Section 109(1), 115(2), 332(a), 351(3) Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Bazpur, District Udham Singh Nagar to some other competent Police Officer of any Police Station of the District Udham Singh Nagar except the police station Bazpur, District Udham Singh Nagar.” 4. The Co-ordinate Bench of this Court vide order dated 12.02.2025 directed the learned State Counsel to seek instructions in the matter. 5. Today, on instructions, it is submitted by learned State
	Counsel that after investigation, charge-sheet has been submitted against the respondent nos.5, 7 & 8 under
	Sections 103(1), 115(2), 351(3), 3(5) of BNS on 17.02.2025.
	6. Since the investigation has been concluded and the

SL.
No
Date

Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures
COURT’S OR JUDGES’S ORDERS

WPCRL No.67 of 2025
Hon’ble Pankaj Purohit, J.
Mr. Subhas Joshi, learned counsel for the petitioner.
2.
Mr. B.C. Joshi, learned AGA along with Ms. Sweta
Badola Dobhal, learned Brief Holder for the State.
3.
By means of the present criminal writ petition,
petitioner seeks following reliefs:-
“(i) Issue a writ rule, order or direction in the nature of
mandamus commanding and directing the respondent nos.1, 2 &
3 to take appropriate action against the investigation officer of
the First Information Report dated 30.11.2024 registered as FIR
No.0501/2024, under Section 109(1), 115(2), 332(a), 351(3),
Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Bazpur,
District Udham Singh Nagar for not doing fair and impartial
investigation and further to direct the respondent no.1, 2 and 3
to submit progress report in the FIR No.408/2022 (contained as
annexure no.1 to this writ petition).
(ii) Issue a writ rule, order or direction in the nature of
mandamus commanding and directing the respondent no.3 to
transfer the investigation of FIR No.0501/2024, under Section
109(1), 115(2), 332(a), 351(3) Bharatiya Nyaya Sanhita (BNS),
2023, Police Station Bazpur, District Udham Singh Nagar to
some other competent Police Officer of any Police Station of the
District Udham Singh Nagar except the police station Bazpur,
District Udham Singh Nagar.”
4.
The Co-ordinate Bench of this Court vide order dated
12.02.2025 directed the learned State Counsel to seek
instructions in the matter.
5.
Today, on instructions, it is submitted by learned State

Counsel that after investigation, charge-sheet has been
submitted against the respondent nos.5, 7 & 8 under

Sections
103(1),
115(2),
351(3),
3(5)
of
BNS
on
17.02.2025.

6.
Since the investigation has been concluded and the

charge-sheet	has	been filed, therefore, nothing remains	to
be decided in	the	writ petition.
7. Accordin	gly,	the writ petition is dismissed	as
infructuous. under the ap charge-sheet	How prop has	ever, petitioner may avail the rem riate law against the person for whom not been filed.	edy the
AK		(Pankaj Purohit, J.) 03.03.2025

charge-sheet

has

been filed, therefore, nothing remains

be decided in

the

writ petition.

7.
Accordin

gly,

the
writ
petition
is
dismissed

infructuous.
under the ap
charge-sheet

How
prop
has

ever, petitioner may avail the rem
riate law against the person for whom
not been filed.

edy
the

(Pankaj Purohit, J.)
03.03.2025

Rafeena v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Rafeena v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mohammad Salman Vs State of Uttarakhand

Pankaj Sharma Vs State of Uttarakhand

Pyarmid Finmart Pvt. Ltd. Vs Prashant Gahlot

Akshat Goel Vs State of Uttarakhand

Prakash Lal Vs State of Uttarakhand

Yogesh Chandra Pant Vs State of Uttarakhand