Allahabad High Court
SMT. TABASSUMversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition is dismissed as the investigation has been concluded and the final report submitted, rendering a mandamus unnecessary.
Summary
Smt. Tabassum filed a criminal miscellaneous writ petition before the Allahabad High Court seeking a mandamus directing the police to conclude the investigation of Crime No. 50 of 2026 under sections 333, 64(1), 89 of the CrPC and section 351(3) of the B.N.S., 2023. The petitioner argued that the investigation remained pending, while the learned Additional Government Advocate informed the Court that the final investigation report had already been forwarded on 17‑04‑2026. The Court examined the submissions and the material on record, noting that the investigative authority had completed its duty by submitting the final report. Since there was no pending investigation requiring judicial intervention, the Court found no basis to entertain the petition. Consequently, the writ petition was dismissed. The judgment underscores that mandamus cannot be issued where the statutory duty has been fulfilled.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the police to conclude an investigation that has already been completed and reported.
Legislation cited
- B.N.S., 2023 — s. 351(3)
- Code of Criminal Procedure, 1973 — s. 333, 64(1), 89
Subjects
- mandamus
- criminal investigation
- writ petition
- High Court
- dismissal
- final report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16254 of 2026
Smt. Tabassum
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Naushad Alam, Om Prakash
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ order or direction in nature of Mandamus commanding the
respondents authority to conclude the pending investigation of Case Crime
No. 50 of 2026 under section 333, 64(1), 89, 351(3) B.N.S., 2023, Police
Station Thakurdwara, District Moradabad.
(ii) Issue any other writ, order or direction which this Hon'ble Court' may deem
fit and proper in the circumstances of the case."
2. Learned A.G.A. has submitted that after completion of
investigation, final report has been forwarded to the court
concerned on 17.04.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioners submitted and prayed that the instant writ petition may
be disposed of the light of the statement given by learned A.G.A.,
with liberty to avail appropriate remedy available under the law, as
advised.
4. Heard learned counsel appearing on behalf of the petitioner, Mr.
CRLP No. 16254 of 2026
2
S.K. Ojha, learned A.G.A. appearing on behalf of the State-
respondents and perused the material on record.
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that final report has already
been forwarded, we do not find any good reason to keep this
petition pending for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 29, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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