Allahabad High Court
NEELAM MISHRAversusTHE STATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that no mandamus could be issued as the investigation was complete, a charge sheet filed, and cognizance taken, and therefore dismissed the writ petition.
Summary
The petitioner filed a writ petition seeking a mandamus directing the police to either conduct a fresh, fair investigation or transfer the case to another officer, and to order the arrest of co‑accused in a dowry‑related offence (Crime No. 0408 of 2025). The petitioner alleged that the investigation was not proper, despite the investigating officer having already filed a charge sheet and the court taking cognizance. The State respondents did not contest these factual assertions. The Court noted that the statutory investigation was completed, a charge sheet was filed, and the matter was already before the trial court, leaving no ground for further judicial interference. Consequently, the Court found no reason to entertain the petition and dismissed it. The dismissal effectively upheld the procedural completion of the investigation and barred the issuance of a mandamus.
Issues considered
- Whether a writ of mandamus can be issued to direct a fresh or transferred investigation after a charge sheet has been filed and cognizance taken
- Whether the court can order the arrest of co‑accused through a writ in the circumstances described
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 191(2), 351(2), 352, 85
Subjects
- mandamus
- criminal investigation
- charge sheet
- writ petition
- High Court
- dowry prohibition
- cognizance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16803 of 2026
Neelam Mishra
.....Petitioner(s)
Versus
The State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar Pandey, R.V. Pandey
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed with the following main reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus
commanding the respondents to either investigated proper and fair or
transfer to another investigating officer for proper and fair investigation
in Case crime No. 0408 of 2025, under Section 85, 115(2), 352, 351(2),
191(2) BNS & Section 3/4 Dowry Prohibition Act at Police Station Aurai,
District Bhadohi and conclude investigation within a specific period in
the interest of justice (Annexure no.1 to this writ petition).
ii. Issue a writ, order or direction in the nature of mandamus
commanding the respondent no.2 to investigated proper and fair, effect of
arrest of the co-accused persons in Case crime No. 0408 of 2025, under
Section 85, 115(2), 352, 351(2), 191(2) BNS & Section 3/4 Dowry
Prohibition Act at Police Station Aurai, District Bhadohi."
2. Mr. Kshitij Pandey, learned counsel for the petitioner submitted and
apprised the Court that after completion of the statutory investigation, the
Investigating Officer has submitted charge sheet and thereupon
cognizance has already been taken by the concerned court.
3. Learned AGA appearing for the State-respondents does not dispute the
aforesaid facts.
4. Heard Mr. Kshitij Pandey, learned counsel for the petitioner and Mr.
CRLP No. 16803 of 2026
2
Satyendra Nath Tiwari, learned AGA appearing for the State-respondents.
5. Taking into consideration the statement given by the learned counsel
for the petitioner and no objection by the learned AGA as well as the fact
that after completion of the investigation, Investigating Officer has
submitted the charge sheet and thereupon cognizance has already been
taken by the concerned court, therefore, we do not find any reason to keep
the matter pending for further adjudication.
6. Accordingly, the writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 17, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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