Allahabad High Court
ANKITA GAUTAMversusSTATE OF UP AND 8 OTHERS
- Decided
Holding
The Court directed the petitioner to move an application before the Police Commissioner for a fair investigation and disposed of the writ petition.
Summary
Ankita Gautam filed a criminal miscellaneous writ petition seeking a mandamus directing the police to conduct a fair investigation into an FIR dated 28‑04‑2026 under several sections of the BNS, 2023. The petitioner alleged that the police were not investigating impartially. The Court observed that the petitioner could approach the Police Commissioner with an application seeking a fair, impartial and expeditious investigation. Accordingly, the Court directed the petitioner to move such an application before the Police Commissioner and disposed of the writ petition. No substantive order directing the police to investigate was issued.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the police to conduct a fair investigation in the present case
- Whether the petitioner should be directed to approach the Police Commissioner for ensuring a fair investigation
Legislation cited
- BNS, 2023 — s. 110, 115(2), 191(2), 351(3), 352
Subjects
- writ petition
- mandamus
- fair investigation
- police commission
- FIR
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21737 of 2026
Ankita Gautam
.....Petitioner(s)
Versus
State Of Up And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Choudhary
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
directing the respondent nos.2 and 4 to conduct a fair investigation
with respect to the First Information Report dated 28.04.2026
lodged by the petitioner at Police Station-Kareli, District-
Commissionerate Prayagraj, as case crime No.0084 of 2026,
under Sections 191(2), 110, 115(2), 352 and 351(3) of BNS, 2023;
(ii) Issue any other writ, order or direction which this Hon'ble Court
may deem fit and proper in the facts and circumstances of the
case."
3. Learned counsel for the petitioner has submitted that though in the
instant case, F.I.R. has been lodged on 28.04.2026 but the police is
not investigating the case in fair and impartial manner.
4. In view thereof, the petitioner may move an application before the
respondent no.2-Police Commissioner, Prayagraj, highlighting his
grievance and seeking fair and impartial investigation. If such an
application is moved by the petitioner, respondent no.2- Police
CRLP No. 21737 of 2026
2
Commissioner, Prayagraj, 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 17, 2026
Ashutosh/S
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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