The DGP Must Decide Investigation-Transfer Representations by a Reasoned Order.

Yogesh Rathi, an accused in FIR No. 0177 of 2026, sought, among other reliefs, transfer of its investigation, quashing of the FIR, and a magisterial inquiry into alleged custodial torture and illegal detention.

Dinesh Kothari, an accused in connected FIR No. 181 of 2026, sought transfer of that investigation to the Vigilance Department or a Deputy Superintendent of Police.

The FIRs arose from the same incidents and contained interconnected allegations and counter-allegations.

Kothari had already asked the Director General of Police (DGP), Uttarakhand, to transfer the investigation; Rathi sought permission to make a similar representation.

Whether Rathi should be permitted to submit a representation to the DGP seeking transfer of the investigation.

Whether the DGP should consider that representation together with Kothari’s pending representation and decide the requests by a reasoned order.

The Court cited no specific statute, precedent, or substantive legal test.

It directed that the transfer requests be considered “in accordance with law” by the competent authority, through a reasoned and speaking order, without the Court expressing any view on the merits of the allegations or the transfer requests.

Because both petitions concerned interconnected FIRs and sought transfer of investigation, the Court considered them together.

It did not decide whether either investigation should be transferred, nor did it determine the other substantive reliefs sought. Instead, it permitted Rathi to submit a representation and directed the DGP to consider it alongside Kothari’s existing representation, independently and in accordance with law.

If submitted within that period, the DGP must consider it with Kothari’s representation and pass an appropriate reasoned and speaking order, preferably within four weeks after production of a certified copy of the order and copies of the representations.

The Court expressed no opinion on the FIR allegations, the parties’ rival claims, or the merits of transferring the investigations; both petitions were disposed of subject to those directions.