Uttarakhand High Court
WPCRL/1223/2026 of BIMLA DEVI Vs STATE OF UTTARAKHAND on 3 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1223/2026 Bimla Devi --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. D.C.S. Rawat, Mr. Manoj
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UKHC010112942026
2026:UHC:5316 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/1223/2026
Bimla Devi --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. D.C.S. Rawat, Mr. Manoj Pawar and Mr. Bhanu Pratap, Advocates for the petitioner.
2. Mr. J.S. Virk, Addl. Advocate General alongwith Mr. Rakesh Joshi, A.G.A. for the State.
3. By means of the present writ petition, petitioner seeks the following reliefs:- “I. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 and 2 to order a proper investigation in the matter under the guidance of some senior officer from his organization to undertake a thorough investigation and examine in detail the facts and circumstances of both the cases i.e. complaint registered by the petitioner and FIR lodged by the father of the deceased and then furnish a report to the trial court within a stipulated period from the date of taking charge of investigation.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 and 2 to investigate the FIR No. 0009 of 2026 for the offences punishable under Sections 103(1), 3(5) of BNS, 2023 and under Section 3(2)(v) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act at Police Station- Lambgaon, District Tehri Garhwal on 08.06.2026 including the contents of report sent to the SSP Tehri Garhwal.”
4. In this case, petitioner had filed a complaint before the Police Station Lambgaon UKHC010112942026
2026:UHC:5316 on 10.06.2026, in which, she has alleged that her minor daughter was sexually assaulted but the Police failed to register an FIR. Thereafter, she moved an application under Section 175(3) of BNSS before the Magistrate, which was not pressed. On 16.06.2026, she again preferred an application under Section 175(3) of BNSS before the Magistrate concerned, which is under consideration.
5. Learned counsel for the petitioner would submit that in the FIR lodged by the father of the deceased being FIR No. 0009 of 2026, it is alleged that proper investigation is not being conducted by the Investigating Officer and he is under external pressure and undue influence from the outsiders. It is thus prayed by learned counsel for the petitioner that investigation in FIR No. 0009 of 2026 be conducted under the supervision of Senior Police Officer.
6. Heard learned counsel for the parties and perused the record.
7. Since, it is settled provision of law that investigation should be fair and impartial, therefore, the prayer, as sought by the petitioner in the present writ petition, appears to be innocuous. As such, the investigation in relation to the FIR No. 0009 of 2026 be supervised by the Superintendant of Police, District Tehri Garhwal herself.
8. Suffice it to say that the petitioner is at liberty to supply all the evidence to the Investigating Officer that she is available with her in relation to FIR No. 0009 of 2026.
9. With the above observation, the writ petition stands disposed of accordingly.
(Alok Mahra J.)
03.07.2026 Ujjwal