Allahabad High Court
MANOJ KUMAR PATELversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed; the Court declines to issue mandamus and directs the petitioner to file an FIR.
Summary
Manoj Kumar Patel filed a criminal miscellaneous writ petition seeking a mandamus directing the State authorities to recover his lost motorcycle, associated money and documents, and to compel the respondent to decide his representation dated 11 June 2026. The petitioner alleged that the motorcycle (registration No. UP 70FH 0904) was lost and that the respondents had failed to retrieve it. The Court examined whether a writ of mandamus could be issued to order recovery of the vehicle and related items. It held that the appropriate remedy is to lodge a police FIR and pursue the matter through criminal procedure, not through a writ. Consequently, the petition was dismissed and the writ petition was disposed of.
Issues considered
- Whether a writ of mandamus can be issued directing the State to recover a lost motorcycle and related documents.
- Whether the High Court has jurisdiction to entertain a criminal miscellaneous writ petition for such relief.
Subjects
- writ petition
- mandamus
- motorcycle recovery
- criminal procedure
- FIR
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20476 of 2026
Manoj Kumar Patel
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Rang Patel
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Heard learned counsel for the petitioner and the learned A.G.A. for the
State.
2. This writ petition has been filed with the following prayers :
I. Issue a writ, order or direction in the nature of mandamus directing the
respondent nos. 2 and 3 to recover the motorcycle No. UP 70FH 0904,
money and necessary documents of the petitioner from the respondent no.4
and handed over the same to the petitioner.
II. Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 to decide the application / representation of the petitioner
dated 11.6.2026.
3. Having regard to the facts and circumstances of the case and having
considered the submissions made by the learned counsel for the parties,
prayer made in this writ petition cannot be granted. If the petitioner is
aggrieved with the fact that his motorcycle had got lost, he may lodge FIR
and if any FIR has already been lodged, the same may be pursued.
4. The writ petition stands disposed of accordingly.
September 8, 2026
safi
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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