Allahabad High Court
SMT AYSHA KHATOONversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Since the charge sheet had already been forwarded, the Court found no basis to order a fresh investigation and disposed of the writ petition.
Summary
Petitioner Aysha Khatoon filed a criminal miscellaneous writ petition seeking a mandamus directing the second respondent to order a CBI investigation under Sections 318(4) and 351(4) of the Criminal Procedure Code in connection with FIR dated 10-10-2025. The State, through the learned Additional Government Advocate, informed the Court that the investigation had been completed and a charge sheet was forwarded on 01-04-2026. The petitioner, after hearing, requested the petition be disposed in view of this statement. The Court examined the submissions and noted that the charge sheet had already been filed, leaving no justification to compel a fresh investigation. Consequently, the Court disposed of the writ petition without further orders.
Issues considered
- Whether the High Court can issue a mandamus directing a fresh investigation when a charge sheet has already been filed
- Whether the writ petition should be dismissed on the ground that the investigation is complete and the charge sheet is on record
Legislation cited
- Code of Criminal Procedure, 1973 — s. 318(4), 351(4)
Subjects
- writ petition
- mandamus
- investigation
- charge sheet
- Criminal Procedure Code
- petition disposed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21325 of 2026
Smt Aysha Khatoon
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Danish, Rajiv Sisodia
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 mandamus to direct
Respondent No. 2 to get conduct of investigation by C.B.C.I.D. in
pursuance of F.I.R. dated 10.10.2025 in Case Crime No. 573 of 2026,
Under Section 318(4), 351(4), Police Station Chandpur, District Bijnor.
(ii). Any other suitable writ, order or direction as this Hon'ble Court may
deem fit and necessary in the interest of justice."
2. Heard learned counsel appearing on behalf of the petitioner and learned
AGA appearing on behalf of the State and perused the material on record.
3. It is submitted by learned AGA that in the instant matter, after
completion of investigation, charge sheet has been forwarded on
01.04.2026 before the concerned Court.
4. At this juncture, learned counsel appearing on behalf of the petitioner
submitted and prayed that the instant writ petition may be disposed of in
light of the statement given by the learned A.G.A.
5. Taking into consideration the submissions advanced by learned counsel
for the parties and the fact that charge sheet has already been forwarded,
we do not find any good reason to keep this petition pending for further
adjudication.
CRLP No. 21325 of 2026
2
6. In view of the above, the instant writ petition is disposed of.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
SK Srivastava
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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