Vishal Chhetri & Ors. vs State Of Uttarakhand & Ors.

“(1)

The Central Bureau of Investigation is hereby directed to take up investigation of all criminal cases concerned, and this Court directs the concerned Investigating Officers (IOs) and Station House Officers (SHOs) to hand over the records and materials collected in all such cases to the CBI.

(2)

The State Government shall extend full cooperation to the Central Bureau of Investigation and the Central Registrar, ensuring that all financial, digital, and documentary records are duly preserved and 8 Criminal Writ Petition No. 1020 of 2025 ---Vishal Chhetri and Others v. State of Uttarakhand and others With Writ Petition No. 46 of 2025 (PIL) Ashutosh vs. State of Uttarakhand and others, transmitted as and when required for the ongoing or centralised investigation; and

(3)

The Chief Secretary, Government of Uttarakhand, shall provide requisite manpower and logistical support to the CBI, including Police Officers of the rank of Inspector to conduct and assist in the investigation, Constables and Head Constables, technical staff skilled in computing, typing, and record maintenance, official vehicles with drivers, and suitable State accommodation or guest house premises to function as office space and lodging during the course of the investigation.”

“2.

This Court is informed that despite directions directing the CBI to hand over the investigation and further direction to the I.O. and SHO to hand-over all the records, it is informed that the Trial Court is proceeding further with the trial. This, in our considered opinion, is contemptuous.

3.

This Court is also informed that the order of this Court dated 17.09.2025 has already been placed before the Trial Court and despite being aware of the order, the Trial Court is proceeding with the trial. This, in our prima facie opinion, appears to be a contemptuous act.

4.

In that view, there shall be a stay of all further proceedings by the Trial Court. The Trial Court shall cooperate for the proceedings to be taken over by the CBI alone.”

“8.

Having heard the contention of learned counsel for respondent No.12 and learned counsel for C.B.I. and after going through the material available on record and after perusing the order dated 17.09.2025 passed by Coordinate Bench, we are of the considered opinion that Coordinate Bench vide order dated 05.01.2026 stayed the trial proceedings, but the said order neither declares custody of the accused/applicants to be illegal nor restrains the trial court from exercising its power of judicial remand under Section 309 of Cr.P.C. or relevant provisions of BNSS, 2023. The said order also does not direct the release of the accused persons, who were lawfully remanded by the designated Court constituted under Section 8 of the BUDS Act of 2019. In the absence of any express restraint imposed by Coordinate Bench on the exercise of power of remand, trial court continues to have the jurisdiction and authority to pass appropriate orders, so as to ensure that the custody of the accused persons remains lawful. Although, the investigation was transferred to C.B.I. by Coordinate Bench of this Court, however, on perusal of that order, it is quite clear that C.B.I. was entrusted with “further investigation” and CBI was not directed to start denovo investigation or fresh investigation. Therefore, the charge-sheet filed by the State Police authorities stands till today and is not wiped out by the order of the Coordinate Bench. The Trial Court therefore was well within its authority to grant remand under Section 309 Cr.P.C. and/or relevant provisions of BNSS, 2023, and the act of learned trial court in no way can be faulted or said to be “contemptuous”. It is settled principle of law that for divesting the trial court of its jurisdiction, the superior court must specifically direct that investigation already conducted and police report submitted, shall not form part of record of the case, which is not the case here. The Division Bench did not direct for de novo investigation or re-investigation or fresh investigation.”