Allahabad High Court
AKSHAY TYAGIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the petitioner should first approach the Commissioner of Police, and therefore the writ petition was disposed of without granting mandamus.
Summary
The petitioner, Akshay Tyagi, filed a criminal miscellaneous writ petition seeking a writ of mandamus directing the Commissioner of Police, Gautam Budh Nagar, to monitor and ensure a fair, impartial, and expeditious investigation of FIR No. 417/2025 involving multiple IPC offences. He alleged that despite the FIR being registered on 1‑Oct‑2025, the police were not conducting the investigation in a fair manner. The petitioner was advised to first move an application before the Commissioner highlighting his grievance. The Court held that the appropriate remedy is to approach the Commissioner and that the High Court will not issue a mandamus in the circumstances. Consequently, the petition was disposed of without granting the relief sought. Costs were not awarded, and the matter was concluded on 11‑Sept‑2026.
Issues considered
- Whether a writ of mandamus can be issued by the High Court directing the Commissioner of Police to monitor a criminal investigation.
- Whether the petitioner must first approach the Commissioner of Police before seeking judicial intervention.
Legislation cited
- Indian Penal Code — s. 307, 323, 392, 420, 467, 468, 471, 504, 506
Subjects
- writ of mandamus
- police investigation
- fair investigation
- IPC offences
- High Court jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19218 of 2026
Akshay Tyagi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Singh Yadav, Rohit Nandan
Pandey
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
relief:
"i. A writ order or direction in the nature of Mandamus directing the
respondents Commissioner Gautam Budh Nagar to monitor investigation of
Case Crime No. 417/2025 U/s 420, 467, 468, 471, 506, 504, 323, 392, 307
IPC, P.S.-Noida Sector 24, District-Gautam Budh Nagar to ensure the
investigation be conducted in fair and transparent motive within stipulated
manner.
ii. A writ, order or direction which this Hon'ble Court may deem fit and
proper under the facts and circumstances of present case.
iii. Award cost of the petition in favor of the petitioner. "
3. Learned counsel for the petitioner submits that the petitioner is the first
informant in the present case and though the FIR in the instant case has been
registered on 1.10.2025, yet the police is not investigating the case in fair
and impartial manner.
4. In view of the above, the petitioner may move an application before the
Commissioner of Police, Gautam Budh Nagar, highlighting his grievance
and seeking fair and impartial investigation and if such an application is
moved before the Commissioner of Police, Gautam Budh Nagar,
CRLP No. 19218 of 2026
2
the Commissioner of Police, Gautam Budh Nagar/respondent no. 2 shall
ensure the fair, impartial and expeditious investigation in the present case.
5. With the aforesaid observation, the present petition stands disposed of.
September 11, 2026
KU
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
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