Allahabad High Court
KUNWAR ASIF ALI KHANversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the petitioner should first approach the Superintendent of Police, who must then ensure a fair, impartial and expeditious investigation, and accordingly disposed of the writ petition.
Summary
The petitioner, Kunwar Asif Ali Khan, filed a criminal miscellaneous writ petition seeking a mandamus directing the Superintendent of Police (respondent No.2) and another respondent to conduct a free, fair, and expeditious investigation into an FIR dated 11‑12‑2025 under Sections 333, 308(4), 351(3) and 75(2) of the B.N.S. The petitioner alleged that the police were not investigating the case impartially. The Court examined the petition and observed that the petitioner could first move an application before the Superintendent of Police highlighting his grievance. The Court directed that, upon such an application, the Superintendent must ensure a fair, impartial and prompt investigation. Consequently, the writ petition was disposed of without further orders. The Court also allowed the petition with costs in favor of the petitioner.
Issues considered
- What is the appropriate remedy when a petitioner alleges that the police are not conducting a fair and impartial investigation?
- Can a High Court issue a mandamus directing the police to conduct an investigation under the provisions of the B.N.S?
Legislation cited
- B.N.S. — s. 308(4), 333, 351(3), 75(2)
Subjects
- mandamus
- free and fair investigation
- FIR
- police duty
- criminal miscellaneous writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19976 of 2026
Kunwar Asif Ali Khan
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Wahid Jamal
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Learned counsel for the petitioner is permitted to make
necessary corrections in the array of parties during the course of
the day.
2. Heard learned counsel for the petitioner, learned AGA for the
State and perused the record.
3. The instant writ petition has been filed by the petitioner for the
following reliefs:-
"I. To issue a writ order or direction in the nature of mandamus directing to the
respondent no.2 and 3 to conduct free and fair investigation of first information
report dated 11.12.2025 Case Crime NO. 0236 of 2025, Under Sections 333,
308(4), 351(3), 75(2) of B.N.S, Police Station - Shamshabad, District -
Fatehgarh and conclude the same within a reasonable period.
II. Allow the writ petition with cost in favor of the petitioners.
III. Issue any suitable writ order or direction which this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case."
4. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been lodged on 11.12.2025 but the
police is not investigating the case in fair and impartial manner.
CRLP No. 19976 of 2026
2
5. In view thereof, the petitioner may move an application before
the respondent no.2- Superintendent of Police, Fatehgarh,
highlighting his grievance and seeking fair and impartial
investigation. If such an application is moved by the
petitioner, respondent no.2- Superintendent of Police, Fatehgarh,
shall ensure the fair, impartial and expeditious investigation in the
present case.
6. With the aforesaid order, the present writ petition stands
disposed of.
September 8, 2026
S. Singh
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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