GEETA CHAND vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court


Office
Notes,
reports,
orders or
proceedings
or
directions
and
Registrar’s
order with
Signatures

SL.
Date
No.
COURT’S OR JUDGE’S ORDERS


UKHC010148812026
WPCRL/1696/2026

Geeta Chand
--Petitioner
Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.
Mr. Mukesh Singh Rawat and Ms.
Chitra Joshi, learned counsel for the
petitioner.
2. Mr. Akshay Latwal, learned A.G.A.
along with Mr. Nikhil Bisht, learned Brief
Holder for the State.
3. Mr. K.S. Rautela, Mr. Amit Kapri and
Mr. Chandramauli Shah, learned counsel
for respondent nos.4 & 5.
4. By means of the present writ petition,
the petitioner seeks issuance of a writ,
order or direction in the nature of
mandamus, directing respondent nos. 2
and 3 to take appropriate action in
accordance with law upon the complaints
submitted by the petitioner in respect of
the cognizable offences allegedly committed
by respondent nos. 4 to 6, including
registration of a First Information Report
and to ensure a fair, impartial and time
bound investigation. The petitioner further
seeks a direction to the respondent
authorities to ensure that no coercion,


intimidation or undue pressure is exerted
upon her for entering into any compromise
during the course of the investigation.
5. Learned counsel for the petitioner
would submit that the petitioner is the
legally wedded wife of respondent no. 4
and that their marriage was solemnized on
10.11.2018; that, at the time of
solemnization of the marriage, respondent
no. 4 allegedly concealed material facts
regarding his previous marriage and when
the petitioner came to know that
respondent no. 4 had allegedly solemnized
the marriage with her without disclosing
the true status of his earlier marriage.
6. Learned counsel for the petitioner
would further submit that the petitioner
was subjected to physical and domestic
violence at the hands of respondent no. 4
and that, in one such incident, she
sustained serious injuries, including a
fracture in her arm, allegedly on account of
the assault committed upon her. It is
submitted that the petitioner approached
the concerned police authorities and
submitted complaints regarding the alleged
incidents; however, according to the
petitioner, no appropriate action was
initially taken.
7. He would further submit that the
petitioner repeatedly approached the
concerned police authorities for
registration of an F.I.R., but her grievances
were not redressed; that, after the alleged
incident and upon the matter coming to
the knowledge of respondent nos. 4 to 6,
the said respondents, along with another


person, allegedly entered the residence of
the petitioner and assaulted her; that,
despite approaching the local police
authorities and subsequently submitting a
representation before the concerned Senior
Superintendent of Police, no effective
action was taken.
8. It is further submitted that the
petitioner was constrained to approach the
learned Magistrate by moving an
application under Section 175(3) of the
B.N.S.S.; that, pursuant to the proceedings
initiated in the matter, an F.I.R. was
subsequently registered in the year 2022;
that, thereafter, the petitioner was
allegedly subjected to pressure by the local
police authorities to enter into a
compromise against her wishes.
9. Learned State counsel submits that,
on the previous date of hearing, the State
was directed to obtain instructions in the
matter. On the basis of instructions
received, learned State counsel submits
that, pursuant to the order passed by the
learned Magistrate, investigation in the
matter has commenced and is presently
underway. It is further submitted that the
statement of the petitioner has been
recorded under Section 180 of B.N.S.S. on
23.08.2026.
10. Learned State counsel would further
submit that, in the event any subsequent
incident has occurred, or if the petitioner
has any further grievance in connection
with the matter under investigation, she
shall be at liberty to approach the
concerned Investigating Officer by placing


the relevant facts and material before him,
who shall consider the same and take
appropriate action in accordance with law.
11. Heard learned counsel for the parties
and perused the material available on
record.
12. Having regard to the submissions
advanced by learned counsel for the
parties and considering the fact that the
investigation pursuant to the order passed
by the learned Magistrate is already
underway, this Court is not inclined to
issue any further direction at this stage.
However, it is expected that the
Investigating Officer shall conduct the
investigation fairly, impartially and
independently, strictly in accordance with
law, without being influenced by any
extraneous consideration.
13. It is further observed that, if the
petitioner has any additional grievance or
any subsequent incident takes place in
connection with the matter, she shall be at
liberty to bring the same to the notice of
the concerned Investigating Officer, who
shall take appropriate action thereon in
accordance with law.
14. With the aforesaid observations and
directions, the present writ petition stands
disposed of.
15. Pending application(s), if any, shall
also stand disposed of.

Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46
f244f3e584af1449e430ef90
0bf09a6d67ebbd64267132
9b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f
1d9cabfd54852c9e68911ca
8b66dd26690a191648ab5d
8dd004ef0, cn=MAMTA
RANI
Date: 2026.09.03 17:33:13
+05'30'
MA
MTA
RANI

(Alok Mahra, J.)
03-09-2026
Mamta