LAXMI vs STATE OF UTTARAKHAND

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2026:UHC:7932
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPCRL/1279/2026

Laxmi
--Petitioner

Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.
Mr. Unnati Pant, learned counsel for
the petitioner.
2. Mr. Akshay Latwal, learned A.G.A.
for the State.
3. By means of the present writ
petition, the petitioner seeks the issuance
of a writ, order or direction in the nature
of mandamus directing the respondent
authorities to ensure a fair and impartial
investigation into the allegations made by
the petitioner, to take appropriate action
in accordance with law upon registration
of the First Information Report, to provide
necessary security to the petitioner’s son,
and to consider the petitioner’s claim for
appropriate compensation for the alleged
acts complained of. The petitioner further
seeks a direction to the respondent
authorities to ensure that her son is
provided necessary and appropriate
medical treatment and is admitted to a
suitable hospital, considering his alleged
critical medical condition.
4. Learned counsel for the petitioner
would submit that the petitioner’s son,
aged about 18 years, was working at a car
washing centre on 14.06.2026. It is
alleged that, on the said date, certain
police personnel attached to Police Station
Transit Camp, District Udham Singh

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Nagar, came to the aforesaid car washing
centre and took the petitioner’s son with
them on the pretext that they required
certain information from him. Upon
receiving information regarding the said
incident, the petitioner and her relatives
approached Police Station Transit Camp
and enquired whether any First
Information Report or complaint had been
registered against the petitioner’s son. It is
alleged that they were informed by the
police personnel that no F.I.R. had been
registered against him and that certain
enquiries were being conducted, after
completion of which he would be released.
5. Learned counsel would further
submit that the petitioner’s son was
released by the police personnel on
15.06.2026 at about 7:00 p.m. It is further
alleged that, on 16.06.2026 at about
10:00 a.m., the police personnel again
contacted the petitioner and directed her
to send her son to the police station; that,
according to the petitioner, her son was
thereafter handed over to the petitioner
and her relatives on 17.06.2026 at about
10:20 a.m.; that, at the time he was
handed over, his physical condition was
allegedly deplorable; that, he was allegedly
unable to walk, and it is further alleged
that the nails of his hands and feet had
been forcibly pulled out by the police
personnel attached to Police Station
Transit Camp.
6. Learned counsel for the petitioner
would further submit that, upon noticing
the alleged physical condition of her son,
the petitioner, along with her relatives,
immediately took him to the hospital for
medical treatment. It is alleged that the
petitioner’s son disclosed that he had been
subjected to brutal beating and torture by
police personnel attached to Police Station
Transit Camp and Awas Vikas Chowki,

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Rudrapur, District Udham Singh Nagar. It
is further alleged that water was
continuously poured upon him during the
night and that, whenever he regained
consciousness, he was again subjected to
physical assault.
7. Learned counsel would further
submit that representations regarding the
alleged incident were submitted through
the Chief Minister’s Portal and were also
made before the Station House Officer,
Police Station Transit Camp, the
concerned authorities of the Human
Rights Commission and the Inspector
General of Police, however, according to
the petitioner, no effective action has been
taken on her representations.
8. Learned counsel for the petitioner
would further submit that the alleged
detention and treatment of the petitioner’s
son by the police personnel were wholly
illegal and unjustified, particularly in view
of the petitioner’s assertion that no F.I.R.
or complaint had been registered against
her son at the relevant point of time. It is
submitted that the police authorities have
not produced any record justifying the
alleged detention of the petitioner’s son;
that, the factual controversy regarding the
presence and custody of the petitioner’s
son at the concerned police
establishments could have been verified
with reference to the CCTV footage of
Police Station Transit Camp and Awas
Vikas Chowki.
9. On the previous date of hearing,
learned State counsel, on the basis of
instructions received from the Chief
Medical Officer, District Udham Singh
Nagar, submitted that, according to the X-
ray report, no injury was found in either
the left or right foot of the petitioner’s son.
It was further submitted that, as per the
medical report, the nails of both feet were

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found intact, though signs of old
inflammation were noticed. This Court,
accordingly, directed the State authorities
to verify whether CCTV cameras had been
installed at Awas Vikas Chowki, District
Udham Singh Nagar.
10. Learned State counsel would submit
that a compliance affidavit has
subsequently been filed on behalf of the
State, wherein the allegations made in the
writ petition have been categorically
denied. It is submitted that the petitioner’s
son was neither subjected to any ill-
treatment or torture inside Awas Vikas
Chowki nor was he illegally detained at
Police Station Transit Camp during the
period alleged in the writ petition.
11. Learned State counsel would further
submit that, during the course of the
enquiry, it was verified that the custody of
the petitioner’s son had been handed over
to his uncle on the relevant date. It is
further submitted that the said factual
position was also verified from the
petitioner’s son and that the same was
acknowledged before this Court by learned
counsel appearing for the petitioner.
12. Learned State counsel, on
instructions, would further submit that,
insofar as the allegations regarding torture
of the petitioner’s son inside the lock-up of
Awas Vikas Chowki are concerned, the
medical examination and the opinion of
the doctor do not support the allegation
that the injuries sustained by him were
caused by beating with a rod or any other
weapon. It is further submitted that the
medical evidence does not substantiate
the allegation that the nails of the
petitioner’s son were forcibly pulled out.
13. It is also brought to the notice of this
Court that an F.I.R. in respect of the
allegations made by the petitioner’s son

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has since been registered and the
investigation is presently underway.
Learned State counsel submits that the
allegations are, therefore, being
investigated in accordance with law.
14. Learned State counsel would further
submit that, on the previous date of
hearing, the In-charge Station House
Officer, Police Station Transit Camp,
District Udham Singh Nagar, appeared
before this Court in person. Pursuant to
the directions issued by this Court, a
compliance affidavit has been filed,
wherein it has specifically been stated that
no CCTV cameras were installed at Awas
Vikas Chowki, District Udham Singh
Nagar.
15. Having regard to the facts and
circumstances of the case, particularly the
fact that an F.I.R. has since been
registered at the instance of the
petitioner’s son and the investigation is
stated to be in progress, this Court does
not consider it appropriate to issue any
further direction in the present writ
petition at this stage.
16. However, it is expected that the
investigating agency shall conduct the
investigation fairly, impartially and
expeditiously, strictly in accordance with
law, without being influenced by any
observation made hereinabove.
17. Accordingly, the writ petition stands
disposed of.

MAM
TA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f
244f3e584af1449e430ef900
bf09a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
d9cabfd54852c9e68911ca8b
66dd26690a191648ab5d8dd
004ef0, cn=MAMTA RANI
Date: 2026.09.03 11:28:44
+05'30'


(Alok Mahra, J.)
02-09-2026
mamta