Hoshiyar Singh Bisht vs State Of Uttarakhand & Others

Ravi Malimath, J

Miscellaneous application (IA No.8844 of 2020) is allowed and the rejoinder affidavit filed by the petitioner is taken on record.

This petition is filed in public interest seeking for the following reliefs:-

"i. issue a writ, order or direction in the nature of mandamus to conduct a CBI inquiry in the matter, so that real culprit may be caught and bring before the Court.

ii. issue a writ, order or direction in the nature of mandamus commanding the respondent-police authority to place the inquiry report before this Hon'ble Court so the progress and proper investigation may be carried out by the investigating authority."

It is his case that, because of spurious liquor, many people have died. A counter-affidavit has been filed by the State. They have narrated that they have taken all steps with regard to the same. They have also indicated that the FIR has been lodged and investigating is in progress.

Under these circumstances, we do not find it expedient to proceed further with the matter. The grievance of the petitioner has since been addressed in a manner known to law, namely before the jurisdictional criminal court. After completion of the investigation, the report would be filed.

Be that as it may, for the present, we are of the considered view that the State is considering the situation. Various steps have been taken by the State. Therefore, suffice to await the conclusion of the inquiry and the proceedings before the criminal court. However, if the petitioner is dissatisfied after the completion of the inquiry and the proceedings before the criminal court, he is at liberty to exercise his remedy in a manner known to law. We do not find it appropriate to refer the matter to the CBI since the jurisdictional criminal court is already seized of the matter.

It is further submitted by petitioner's counsel that, subsequent to the filing of a representation and the progress made in the investigation, certain unknown persons have attacked him. The petitioner is in fear of his life and limb.

On considering the same, we are of the considered view that appropriate protection requires to be granted to the petitioner. Therefore, respondent-State, through the jurisdictional police, is directed to provide adequate police security to the petitioner so that he leads a normal life in society.

Petition is disposed off with these observations.