Allahabad High Court
SANTOSH KUMAR UPADHYAYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that it could not issue a mandamus directing the police and directed the petitioner to approach the Senior Superintendent of Police for a fair investigation.
Summary
The petitioner, Santosh Kumar Upadhyay, filed a writ petition seeking a mandamus directing the police to conduct a fair, impartial, and expeditious investigation into FIR No. 0217/2026. He alleged that the police were not investigating the case properly despite being the first informant. The court examined whether it could issue a mandamus directing police action and whether the petition was maintainable. It held that the appropriate remedy was for the petitioner to approach the Senior Superintendent of Police with his grievance. Consequently, the court disposed of the petition without granting any writ relief.
Issues considered
- Whether a High Court can issue a writ of mandamus directing the police to conduct a fair and impartial investigation.
- Whether the writ petition is maintainable in the absence of a specific failure by the police to act.
Subjects
- mandamus
- fair investigation
- police misconduct
- criminal procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19244 of 2026
Santosh Kumar Upadhyay
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Dwivedi, Ajay Kumar Giri,
Surendra Kumar
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:
"(a) Issue a writ order or direction in the nature of mandamus commanding
and directing to the respondents authorities a fair impartial and expeditious
investigation in Case /First Information Report No. 0217 of 2026 dated
07.07.2026, Police Station Suriyawan, District Bhadohi.
(b) Issue a writ order or direction in the nature of mandamus and directing
that the investigation be supervised by a senior Police Officer or any
independent agency, if deemed appropriate by this Hon'ble Court.
(c) Issue a writ order or direction in the nature of mandamus commanding
and directing to the respondents to consider all the relevant evidence and
examine all material witnesses.
(d) Issue a writ, order or direction as this Hon'ble Court may deem fit and
proper under the facts and circumstances of the case.
(e) Award the cost of the writ petition in favour 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 7.7.2026, yet the police is not investigating the case in fair and
CRLP No. 19244 of 2026
2
impartial manner.
4. In view of the above, the petitioner may move an application before the
Senior Superintendent of Police, Bhadohi, highlighting his grievance and
seeking fair and impartial investigation and if such an application is moved
before the Senior Superintendent of Police, Bhadohi, the Senior
Superintendent of Police, Bhadohi/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 28, 2026
KU/SFH
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
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