Vimal Bharti v. State of Uttarakhand

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

W PCRL/ 1 7 1 7 / 2 0 2 5 Hon 'ble Man oj Ku m ar Tiw ar i, J. Hon 'ble Su bh ash Upadh yay, J.

¶1Mr. Rakshit Joshi, learned counsel for the petitioner.

¶2Mr. J.S. Virk, learned Additional Advocate General for the State of Uttarakhand.

¶3According to petitioner, not only the stairs leading to his building was demolished by State Authorities, but petitioner was also arrested and humiliated in police custody. Various other allegations have been made by petitioner in this writ petition.

¶4The reliefs, sought by the petitioner, are as under: -

(i) Issue a writ, order or direction in the nature of certiorari quashing the FIR No. 0403 of 2025 dated 13.11.2025 under Sections 132, 221 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, P.S. Bajpur, Udham Singh Nagar; (Annexure No. 1)

(ii) Issue a writ, order or direction in the nature of mandamus directing the concerned respondents not to arrest the Petitioner and/ or take any coercive measures against the Petitioner, in relation to the FIR No. 0402 of 2025 dated

13.11.2025 under Sections 132, 221 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, P.S. Bajpur, Udham Singh Nagar;

(iii) Issue a writ, order or direction in the nature of mandamus directing the Inspector General to provide protection to

the Petitioner from the concerned respondents of this Writ petition;

(iv) Issue a writ, order or direction in the nature of mandamus directing the Inspector General to constitute a Special Investigation Team (SIT) to investigate the custodial violence committed against the Petitioner and work in a just, impartial and fair manner as per provisions of law, and initiate criminal and disciplinary action against the concerned Respondents;

(v) Award exemplary damages in form of compensation in favour of the Petitioner for the illegal demolition of part of his house without following due process of law and for the loss caused to his professional pursuits by deletion of his videos and account.

¶5Learned State Counsel submits that if petitioner has any grievance, then he is free to approach the Superior Police Authorities, including Inspector General, Kumaon Range.

¶6We dispose of the writ petition with a direction to Inspector General, Kumaon Range to look into the issue raised by petitioner in his representation dated

15.12.2025 and pass appropriate order, as per law, within three weeks from the date of production of certified copy of this order.

( Su b h ash Up ad h y ay , J.) ( Man oj Ku m ar Tiw ar i, J.)

24.12.2025

Aswal

NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.24 00:41:31 -08'00'