Phul Devi vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought transfer of investigation of Crime No. 1 of 2009, relating to offences punishable u/s 420, 504 and 506 I.P.C., registered at Patwari Circle, Saterakhal, Tehsil Rudraprayag, District Rudraprayag from Nayab Tehsildar, Rudraprayag to the regular police of Police Station Rudraprayag. (In Uttarakhand Hills certain Revenue Officials have police powers to investigate the crime).

Brief facts of the case are that, the Petitioner lodged First Information Report on 27.08.2009, alleging that her mother was ill and died in the year 2007. However, the complainant (present Petitioner) came to know that Rejendra Singh (Respondent No. 5, accused) had taken the passbook of the mother in 3law of the complainant, and it was found that the pension in the name of mother in law was withdrawn for the period of April 2008 to April 2009 in connivance with the bank officials of Alaknanda Gramin Bank, Tilwara. Complainant has alleged fraud and cheating committed by Respondent No. 5 and others. A counter affidavit has been filed on behalf of the Respondent Nos. 1, 2, 3 and 4. There appears little in the investigation even after a period of one and half years of the reporting of the serious offence.

In the above circumstances, we allow this writ petition and direct District Magistrate Rudraprayag, (Respondent No. 1) to transfer the investigation of the aforesaid case to the regular police of Police Station Rudraprayag. (Interim Relief Application No. 5512 of 2011 also stands disposed of).