The Uttarakhand High Court has dismissed the plea seeking transfer of Ankita Bhandari Murder Case to the Central Bureau of Investigation (CBI).

The bench of Justice Sanjaya Kumar Mishra observed that though there may be some initial hiccups at the initial stage of the investigation but it cannot be stated that the investigation of the case is proceeding in improper direction with biased attitude.

"…this Court is of the considered and firmed opinion that though there may be some initial hiccups at the initial stage of the investigation while the revenue Inspector and regular police were investigating the case before formation of SIT but it cannot be stated that the investigation of the case is proceeding in improper direction with biased attitude.", the Court observed.

The Court further noted that it cannot be said that the investigation is going in a direction to protect any particular high-profile person.

The Court has directed the State Government to appoint a Special Public Prosecutor having sufficient experience in handling criminal cases to prosecute the accused persons.

"Keeping in view the fact that the case has drawn a lot of media attention, we direct the State Government to appoint a Special Public Prosecutor having sufficient experience and expertise in handling criminal cases to prosecute the accused persons.", the Court noted.

Ankita was allegedly murdered on September 18, 2022 and the petitioners alleged that the main accused in this case namely Pulkit Arya, happens to be a high profile, being the son of Ex-State Cabinet Minister and owner of Vanantra Resort wherein the deceased young girl was employed as Receptionist.

The petitioners further allege that there was audio conversion and chat messages of deceased girl with her friend that she was being forced to serve sexually to some high profile guests of the resort. She denied to oblige and resisted such attempts.

The specific case of the petitioners is that the identity of said high profile guest has not been revealed despite the fact that he is the main accused, which has led to the murder of the deceased.

It is also specifically alleged that investigating agency is trying to conceal name of the high profile guest, therefore, petitioners have serious doubt on the investigation done in the case and, therefore, they prayed that investigation should be handed over to CBI.

Senior Advocate Pushpa Joshi appeared for Petitioners whereas Advocate General S.N. Babulkar appeared for the State. Rakesh Thapliyal, Deputy Solicitor General of India appeared for CBI.

The High Court noted that the SIT led by a Police Officer in the rank of DIG, who hails from different State having no political inclination being a member of IPS cadre and is doing reasonably good job of investigation.

"It is true that petitioners wants the investigation should go in a particular line but investigation requires expertise and it is investigating officer who know how to proceed with the investigation of the case.", the Court observed.

Therefore the Court dismissed the petition.

Cause Title- Ashutosh Negi and others. v. State of Uttarakhand and others.

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Uttarakhand High CourtCBIJustice Sanjaya Kumar Mishra

Ashish Shaji