Allahabad High Court
TANU SINGH @ ROSHANI SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition was dismissed as the charge sheet had already been filed, leaving no basis for a mandamus.
Summary
The petitioner, Tanu Singh (Roshani Singh), filed a writ petition seeking a mandamus directing the Station House Officer of P.S. Rasra to conduct a fair and unbiased investigation in a criminal case (Crime No. 0238 of 2026) under various sections of the BNS. The State, represented by an Additional Government Advocate, informed the court that the investigation had been completed and a charge sheet was filed on 05‑09‑2026, along with the police report and written instructions. No counsel appeared for the petitioner. The court considered the submission that the charge sheet was already submitted and found no merit in continuing the petition. Consequently, the court dismissed the writ petition, holding that there was no ground to issue a mandamus after the charge sheet had been filed. The dismissal effectively closed the petition without any further order.
Issues considered
- Whether a writ of mandamus can be issued to direct the police to conduct a fresh or unbiased investigation after a charge sheet has already been filed.
Legislation cited
- BNS — s. 110, 115(2), 118(1), 191(1), 333, 352, 64(1)
Subjects
- mandamus
- police investigation
- criminal procedure
- writ petition
- charge sheet
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19903 of 2026
Tanu Singh @ Roshani Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Pravesh Yadav,
Shashank Kumar
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 seeking the following
main reliefs:-
"(I). Issue a writ, order or direction in the nature of
mandamus commanding and directing the respondent
no.3 Station House Officer, P.S. Rasra, District Ballia
to conduct a fair and unbiased investigation in Case
Crime No. 0238 of 2026, under Section 191 (1), 115
(2), 333, 64 (1), 352, 118(1), 110 of BNS, P.S. Rasra,
District Ballia arising of FIR dated 05.07.2026."
2. Heard learned AGA appearing on behalf of the State and
perused the material on record.
3. No one appears on behalf of the petitioner.
4. It is submitted by learned AGA that in the instant matter, after
completion of investigation, charge sheet has been forwarded on
05.09.2026 before the concerned Court and the police report has
also been placed along with written instruction.
5. At this juncture, learned AGA submitted and prayed that the
CRLP No. 19903 of 2026
2
instant writ petition may be disposed of.
6. Taking into consideration the submissions advanced by
learned AGA and the fact that charge sheet has already been
submitted, we do not find any good reason to keep this petition
pending for further adjudication.
7. In view of the above, the instant writ petition is accordingly
dismissed.
September 21,
2026
C. MANI
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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