Allahabad High Court
MANOJ BHATI @ MANOJ KUMAR BHATIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the investigating agency to conclude the investigation of the specified case within two months, thereby granting the petitioner's prayer.
Summary
Manoj Bhati filed a criminal miscellaneous writ petition seeking a writ of mandamus directing the police to conclude the investigation of Case Crime No. 1417 of 2019, which involves offences under Sections 420, 467, 468, 471 and 120‑B IPC, after a CBI charge‑sheet was filed on 30‑06‑2022. The petitioner’s counsel made an innocuous prayer for the investigation to be completed expeditiously, and the learned Additional Government Advocate did not oppose this prayer. The Court examined the record, noted the lack of objection, and exercised its jurisdiction to issue a direction to the investigating agency. It ordered that the investigation be completed within two months of the certified copy of the order being produced. Consequently, the writ petition was disposed with the mandated direction.
Issues considered
- Whether a High Court can issue a writ of mandamus directing the police to conclude a pending criminal investigation.
- Whether such a direction is permissible when the investigating agency has not objected and the prayer is innocuous.
Legislation cited
- Indian Penal Code — s. 120-B, 420, 467, 468, 471
Subjects
- mandamus
- investigation
- police
- CBI charge sheet
- IPC
- criminal procedure
- writ petition
- expeditious investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20755 of 2026
Manoj Bhati @ Manoj Kumar Bhati
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pallavi Mishra, Vivek Prakash Mishra
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 with the following main reliefs:-
"i). Issue a writ, order or direction in the nature of writ of mandamus
commanding the respondent no.3 of the impugned first information report
dated 10.09.2019, registered as Case Crime No. 1417 of 2019, under
Sections 420, 467, 468, 471 & 120-B IPC at police station Sihani Gate,
District Ghaziabad to conclude the investigation int he light of charge
sheet submitted by the CBI on 30.06.2022 upon same cause of action
wherein cognizance has been taken by the court against actual accused
persons and in that charge sheet petitioner and informant are mentioned
as witnesses.
ii). Issue any other writ, order or direction which this Hon'ble Court may
deem fit and proper under the circumstances of the case."
2. Learned counsel for the petitioner, after arguing the matter at some
length on merit, made an innocuous prayer that the investigating agency
may be directed to conclude the pending investigation qua the Case Crime
No.Case Crime No. 1417 of 2019, under Sections 420, 467, 468, 471 &
120-B IPC at police station Sihani Gate, District Ghaziabad,
expeditiously.
3. Per contra, Mr. Rizwan Ahmad, learned AGA vehemently opposed the
writ petition but could not dispute in regard to the innocuous prayer made
by the learned counsel for the petitioner.
4. Heard Mr. Vivek Prakash Mishra, learned counsel for the petitioner and
CRLP No. 20755 of 2026
2
the learned AGA for the State-respondents and perused the record.
5. Taking into consideration the innocuous prayer made by the learned
counsel for the petitioner and the no objection by the learned AGA, the
instant writ petition is disposed of with direction to the investigating
agency to conclude the investigation of Case Crime No. 1417 of 2019,
under Sections 420, 467, 468, 471 & 120-B IPC at Police Station Sihani
Gate, District Ghaziabad, expeditiously, preferably within a period of two
months from the date of production of a certified copy of this order before
it.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 9, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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