Allahabad High Court
AJAI KUMAR SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court declined to issue a mandamus and directed the petitioner to approach the Commissioner of Police, thereby disposing of the petition.
Summary
Ajai Kumar Singh filed a criminal miscellaneous writ petition seeking a mandamus directing the police to conduct a fair, speedy, and proper investigation of an FIR dated 05.05.2024 under IPC sections 420, 406 and IT Act section 66. The petitioner alleged that the police were not investigating impartially. The Court examined the petition and held that the appropriate remedy was for the petitioner to move an application before the Commissioner of Police, District Prayagraj, to seek such directions. Accordingly, the Court directed the petitioner to approach the Commissioner and disposed of the writ petition without issuing a mandamus.
Issues considered
- Whether a High Court can issue a writ of mandamus directing the police to conduct a fair and speedy investigation in a criminal case
- Whether the writ petition is maintainable in the present circumstances
Legislation cited
- Indian Penal Code — s. 406, 420
- Information Technology Act — s. 66
Subjects
- mandamus
- police investigation
- criminal procedure
- writ petition
- speedy investigation
- IPC 420
- IPC 406
- IT Act 66
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17359 of 2026
Ajai Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra 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 commanding and directing the respondent nos.
2 to 4 to ensure and complete a fair speedy and proper
investigation in pursuance of the F.I.R. dated 05.05.2024
registered as Case Crime No.117 of 2024, under Section
420, 406 IPC and Section 66 of Information Technology
Act, Police Station Phaphamau, District Prayagraj within a
strict stipulated period as may be fixed by this Hon'ble
Court and to take strict consequential action against the
accused person/respondent no.5 in accordance with law.
(ii) Issue any suitable order or direction which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
3. Learned counsel for the petitioner has submitted that though in the
instant case, F.I.R. has been lodged on 05.05.2024 but the police is
not investigating the case in fair and impartial manner.
CRLP No. 17359 of 2026
2
4. In view thereof, the petitioner may move an application before the
respondent no.2- Commissioner of Police, District 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, District Prayagraj, shall ensure the fair,
impartial and expeditious investigation in the present case.
5. With the aforesaid order, the present writ petition stands disposed
of.
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 8, 2026
Sanjeet
Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad
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