Allahabad High Court
RAM SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the petitioner should be directed to approach the Commissioner of Police, who shall ensure a fair, impartial and expeditious investigation, and therefore dismissed the petition for mandamus.
Summary
Ram Singh filed a criminal miscellaneous writ petition seeking a mandamus directing the police to conclude the investigation of an FIR dated 12-06-2025 under several sections of the B.N.S., 2023. The petitioner alleged that the investigation was not being conducted in a fair and impartial manner. The Court examined whether it could directly compel the police to complete the investigation and held that the appropriate remedy was to direct the petitioner to approach the Commissioner of Police. Accordingly, the Court ordered the petitioner to move an application before the Commissioner of Police, Prayagraj, highlighting his grievance, and directed the Commissioner to ensure a fair, impartial and expeditious investigation. With this direction, the writ petition was disposed of.
Issues considered
- Can the High Court issue a writ of mandamus directing the police to conclude an investigation?
- Is it appropriate for the Court to direct the petitioner to approach the Commissioner of Police for a fair investigation?
- Does the alleged unfairness in investigation warrant judicial intervention under the B.N.S., 2023?
Legislation cited
- B.N.S., 2023 — s. 115(2), 324(4), 333, 351(2), 352
Subjects
- mandamus
- police investigation
- fair investigation
- criminal writ petition
- high court
- B.N.S. 2023
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16094 of 2026
Ram Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioner, learned AGA for the
State and perused the record.
2. The instant writ petition has been filed by the petitioner for the
following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus
directing the respondent authorities to conclude the investigation in
pursuant to the F.I.R. dated 12.06.2025 being Case Crime No.
0328 of 2025, under Sections 333, 115(2), 352, 351(2), 324(4) of
B.N.S., 2023, Police Station Handia, District Prayagraj.
(ii) Issue any other order or direction, which this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case.
(iii) Award costs of the petition to the petitioner."
3. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been lodged on 12.06.2025 but the
police is not investigating the case in fair and impartial manner.
4. In view thereof, the petitioner may move an application before
the respondent no.2- Commissioner of Police, Commissionerate
Prayagraj, highlighting his grievance and seeking fair and impartial
investigation. If such an application is moved by the petitioner,
respondent no.2-Commissioner of Police, Commissionerate
Prayagraj, shall ensure the fair, impartial and expeditious
CRLP No. 16094 of 2026
2
investigation in the present case.
5. With the aforesaid order, the present writ petition stands
disposed of.
September 9, 2026
Nadim
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
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