Uttarakhand High Court
C447/18/2024 of BRAHMCHARI DAYANAND Vs STATE OF UTTARAKHAND on 18 June 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C447 No.18 of 2024 Hon’ble Siddhartha Sah, J. Mr. Brahmchari Dayanand, applicant in person through V.C. Mr. Siddhartha Bisht, learned AGA for the
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C447 No.18 of 2024
Hon’ble Siddhartha Sah, J.
Mr. Brahmchari Dayanand, applicant in person through V.C. Mr. Siddhartha Bisht, learned AGA for the State/respondent no.1. Mr. Piyush Garg, Advocate for respondent no.2/CBI. The present criminal transfer application has been filed seeking transfer of Criminal Revision No.181 of 2024, Brahmchari Dayanand vs. State of Uttarakhand and another, pending before the learned second Additional Sessions Judge/Special Judge, Anti-Corruption (CBI), Dehradun from the said court to the court of District Judge/any other Additional District Judge in District Dehradun. In the affidavit in support of the transfer application, the applicant inter-alia had raised certain apprehensions:- It is evident on the face of record that the Hon'ble Judge is not conducting the proceedings fairly and totally advancing with this matter in an arbitrary and biased manner. Prima facie it is evident that a fair and impartial proceedings cannot be done by the Second Additional Sessions Judge /Special Judge, Anti-Corruption (CBI) Dehradun and the applicant cannot get justice from this court. Because the Hon'ble Judge is totally acting in illegal & arbitrary manner. Therefore, for the ends of justice it is necessary that the Criminal Revision No. 181 of 2024 (Under Section 438, 440 of BNSS), Brahmchari Dayanand vs. State of Uttarakhand & another, pending before the Learned Second Additional Sessions Judge/Special Judge, Anti-Corruption Dehradun may be transferred. The applicant has serious apprehension that fair and impartial proceeding cannot be conducted by the Revisional Court and therefore, the transfer of said criminal revision is necessary in the interest of justice. On a query being made to Mr. Brahmchari Dayanand, who is applicant in person, as to whether the Presiding Officer is still continuing he fairly submits that the earlier Presiding Officer has been transferred. Since the Presiding Officer against whom certain apprehensions have been raised, stands transferred and a new incumbent has joined in his place, hence the apprehensions which have been raised by the applicant so as to seek the transfer of the case, do not survive any longer. In such view of the matter, nothing remains to be adjudicated. Hence, the transfer application is closed accordingly.
(Siddhartha Sah, J.)
18.06.2026
Ravi