Allahabad High Court
KRISHNAMOHAN KUSHWAHAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court declined to issue a mandamus and directed the petitioner to approach the Superintendent of Police to seek a fair investigation.
Summary
The petitioner, Krishnamohan Kushwaha, filed a criminal miscellaneous writ petition seeking a mandamus directing the Superintendent of Police (respondent No.2) and another official (respondent No.3) to ensure a fair and impartial investigation in a case registered on 04-04-2026. The petitioner alleged that the police were not conducting the investigation fairly. The court examined the petition and the counsel's submissions, noting that the appropriate remedy was for the petitioner to move an application before the Superintendent of Police highlighting his grievance. Accordingly, the court directed the petitioner to approach the Superintendent of Police, District Deoria, to seek a fair, impartial, and expeditious investigation. No mandamus was issued, and the writ petition was disposed of.
Issues considered
- Whether the High Court can issue a mandamus directing the police to conduct a fair investigation under Sections 316(2) and 318(4) of the B.N.S.
- Whether the petitioner should be directed to approach the Superintendent of Police for redress.
Legislation cited
- B.N.S. — s. 316(2), 318(4)
Subjects
- criminal procedure
- mandamus
- police investigation
- writ petition
- fair investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19957 of 2026
Krishnamohan Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikash Kumar Tiwari
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) A writ, order or direction in the nature of mandamus
directing the respondent nos.2 and 3 to supervise and
ensure fair investigation in Case Crime No.0087 of 2026,
under Section 316(2), 318(4) of B.N.S., Police Station
Bhatni, District Deoria.
(ii) issue any other writ, order or direction which this Hon'ble
Court may deem fit and proper to secure the ends of
justice."
3. Learned counsel for the petitioner has submitted that though in the
instant case, F.I.R. has been lodged on 04.04.2026 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- Superintendent of Police, District Deoria,
highlighting his grievance and seeking fair and impartial investigation.
If such an application is moved by the petitioner, respondent no.2-
Superintendent of Police, District Deoria, shall ensure the fair,
CRLP No. 19957 of 2026
2
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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