Allahabad High Court
SMT. FULMATI DEVIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court held that the petitioner should first approach the Superintendent of Police for a fair investigation, and therefore did not issue a mandamus, disposing of the petition.
Summary
The petitioner, Smt. Fulmati Devi, filed a criminal miscellaneous writ petition seeking a mandamus directing the Superintendent of Police and other officials to complete a fair and impartial investigation into FIR No. 91 of 2026 and to refrain from arresting her. She alleged that the police were not conducting the investigation in a fair and impartial manner despite the FIR being lodged on 06-07-2026. The Court examined the petition and the counsel's submissions and noted that the petitioner could approach the Superintendent of Police with an application seeking a fair investigation. Accordingly, the Court directed the petitioner to move such an application before the Superintendent of Police, Kushinagar, and ordered that the Superintendent ensure a fair, impartial and expeditious investigation. With this direction, the Court disposed of the writ petition without granting the reliefs sought.
Issues considered
- What is the appropriate remedy when a petitioner alleges that the police are not conducting a fair and impartial investigation under Sections 103(1) and 61(2) of the B.N.S.?
- Whether the High Court should issue a mandamus directing the police to complete the investigation and to refrain from arresting the petitioner.
Legislation cited
- B.N.S. — s. 103(1), 61(2)
Subjects
- writ petition
- mandamus
- police investigation
- fair investigation
- Section 103
- Section 61
- High Court
- Allahabad
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20003 of 2026
Smt. Fulmati Devi
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Hamid
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- Issue, a writ, order or direction in the nature of mandamus commanding the
respondent nos.2 and 3 to conclude the fair and partial investigation within
stipulated period as directed by this Hon'ble Court in pursuance of F.I.R. dated
06.07.2026 registered as Case Crime No. 91 of 2026, under Police Station-
Section 103(1), 61(2) of B.N.S. Barwapatti, District Kushinagar.
ii- Issue a writ order or directed in the nature of mandamus commanding the
respondents not to arrest the Petitioners in Case Crime No. 91 of 2026, under
Section 103(1), 61(2) of B.N.S. Police Station- Barwapatti, District Kushinagar.
iii- Issue any other suitable writ, order or direction which this-Hon'ble Court
may deem fit and proper in the circumstances of the case;
iv. Award the costs of the writ petition in favour of the petitioner."
3. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been lodged on 06.07.2026 but the
police is not investigating the case in fair and impartial manner.
CRLP No. 20003 of 2026
2
4. In view thereof, the petitioner may move an application before
the respondent no.2- Superintendent of Police, Kushinagar,
highlighting his grievance and seeking fair and impartial
investigation. If such an application is moved by the
petitioner, respondent no.2- Superintendent of Police, Kushinagar,
shall ensure the fair, impartial and expeditious investigation in the
present case.
5. 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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