Allahabad High Court
PRAKASH DWIVEDIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the petitioner must approach the Police Commissioner for a fair investigation and dismissed the writ petition.
Summary
The petitioner, Prakash Dwivedi, filed a criminal miscellaneous writ petition seeking a mandamus directing the police officials to conduct a fair and impartial investigation into Crime No. 222 of 2025 under specific provisions of the B.N.S., 2023 and the Criminal Procedure Code. The petitioner alleged that the police were not investigating the case properly despite the FIR being lodged on 25-11-2025. The Court examined the petition and held that the appropriate remedy was for the petitioner to approach the Police Commissioner with an application for a fair investigation, rather than the Court issuing a mandamus. Consequently, the Court disposed of the writ petition without granting any of the reliefs sought. The order emphasized that the police Commissioner must ensure a fair, impartial, and expeditious investigation if the petitioner's application is filed.
Issues considered
- Whether the High Court can issue a writ of mandamus directing police officials to conduct a fair investigation under the B.N.S., 2023 and Cr.P.C.
- Whether the writ petition is maintainable for directing police investigation
Legislation cited
- B.N.S., 2023 — s. 127(2), 351(2), 352
- Cr.P.C.
Subjects
- mandamus
- police investigation
- fair investigation
- criminal procedure
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18733 of 2026
Prakash Dwivedi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Praveen Kumar Pal
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 and 3 to consider
the proper and fair investigation in Case Crime No. 222 of 2025,
under Sections 127(2), 352, 351(2) of B.N.S., 2023, Police Station
Shankargarh, District Prayagraj.
(ii) Issue a writ, order or direction in the nature of mandamus,
directing the respondent authorities to ensure fair and proper
investigation of the case and followed the provision of Cr.P.C.
(iii) Issue a writ, order or direction in the nature of mandamus,
directing the respondent nos.2 and 3 to take appropriate action on
the demand of the petitioner and ensure the security of petitioner's
family.
(iv) Issue any other writ, order or direction as deemed fit in the
circumstances of the case.
(v) Award costs of the petitioner."
3. Learned counsel for the petitioner has submitted that though in
CRLP No. 18733 of 2026
2
the instant case, F.I.R. has been lodged on 25.11.2025 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- Police Commissioner, Commissionerate
Prayagraj, highlighting his grievance and seeking fair and impartial
investigation. If such an application is moved by the petitioner,
respondent no.2- Police Commissioner, Commissionerate
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.
September 8, 2026
Nadim
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
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