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Allahabad High Court

ANJORA YADAVversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court directed the petitioner to approach the DCP, Ganga Nagar, Prayagraj for a fair investigation and disposed of the writ petition.

Summary

The petitioner, Anjora Yadav, filed a criminal miscellaneous writ petition seeking a mandamus directing the police officers (respondents 2 & 3) to conduct a prompt, proper and fair investigation into FIR No. 191 of 2026 under various sections of the B.N.S. and to arrest the accused. The petitioner alleged that despite the FIR being lodged on 28-07-2026, the police were not investigating the case impartially. The Court allowed the petitioner to implead the District Commissioner of Police, Ganga Nagar, Prayagraj as respondent No.9 and directed the petitioner to move an application before that authority seeking a fair investigation. The Court held that the DCP, if approached, must ensure an impartial and expeditious investigation. Consequently, the writ petition was disposed without further orders.

Issues considered

  • Whether a writ of mandamus can be issued directing police officers to conduct a fair and prompt investigation in a criminal case.
  • Whether the petitioner should be directed to approach the District Commissioner of Police for redress of the alleged investigative lapse.

Legislation cited

  • B.N.S. — s. 110, 115(2), 191(2), 191(3), 351(3), 352

Subjects

  • writ petition
  • mandamus
  • police investigation
  • fair investigation
  • criminal procedure
  • B.N.S. sections
  • District Commissioner of Police

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. WRIT PETITION No. - 22102 of 2026

Anjora Yadav
                                                     .....Petitioner(s)
                                Versus

State Of U.P. And 7 Others
                                                    .....Respondent(s)

Counsel for Petitioner(s) : Ajeet Kumar Shukla, Sarvesh Kant
                            Shukla
Counsel for Respondent(s) : G.A.

Court No. - 47
                  HON'BLE RAJIV GUPTA, J.
                  HON'BLE DEVENDRA SINGH-I, J.

1. Learned counsel for the petitioner is permitted to implead
D.C.P., Ganga Nagar, Police Commissionerate Prayagraj as
respondent no.9 during the course of the day.

2. Heard learned counsel for the petitioner, learned AGA for the
State and perused the record.

3. 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 & 3 for making
     prompt, proper and fair investigation in Case Crime
     No.191 of 2026, under Sections 191(2), 191(3), 110,
     115(2), 352, 351(3) of B.N.S., Police Station Tharwai,
     District Prayagraj and conclude investigation within
     stipulated period as prescribed in the Act, and also take
     consequential appropriate legal action against the
     accused persons by arresting them in the aforesaid case
     crime.


     (ii) issue any other writ, order or direction which this
     Hon'ble Court may deem fit and proper in the facts and
                                                                                             CRLP No. 22102 of 2026
                                                                    2


                                              circumstances of the case."

                                    4. Learned counsel for the petitioner has submitted that though in
                                    the instant case, F.I.R. has been lodged on 28.07.2026 but the
                                    police is not investigating the case in fair and impartial manner.

                                    5. In view thereof, the petitioner may move an application before
                                    the         respondent     no.9- D.C.P.,       Ganga         Nagar,    Police
                                    Commissionerate          Prayagraj,     highlighting   his   grievance    and
                                    seeking fair and impartial investigation. If such an application is
                                    moved by the petitioner, respondent no.9- D.C.P., Ganga Nagar,
                                    Police Commissionerate Prayagraj, shall ensure the fair, impartial
                                    and expeditious investigation in the present case.

                                    6. With the aforesaid order, the present writ petition stands
                                    disposed of.

                                    September 29, 2026
                                    Sanjeet

                                                                    (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad


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