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
Checking your session…