Allahabad High Court
AJEET SINGHversusSTATE OF U.P. AND 15 OTHERS
- Decided
Holding
The Court held that it would not issue a mandamus directing transfer of investigation but directed the petitioner to approach the Senior Superintendent of Police, who must ensure a fair, impartial and expeditious investigation.
Summary
The petitioner, Ajeet Singh, filed a criminal miscellaneous writ petition seeking a mandamus directing the Senior Superintendent of Police, Mathura, to transfer the investigation of FIR dated 14-06-2026 and ensure a fair, impartial inquiry. The petitioner alleged that the police were not conducting an unbiased investigation under several sections of the BNS, 2023. The Court examined whether it could issue a mandamus to compel the police to transfer the case and ordered that the petitioner first move an application to the SSP. The Court directed the SSP to ensure a fair, impartial and expeditious investigation. Consequently, the writ petition was disposed without granting the specific mandamus relief.
Issues considered
- Whether the High Court can issue a mandamus directing transfer of a criminal investigation.
- Whether the petitioner should be directed to approach the Senior Superintendent of Police for ensuring a fair investigation.
- Whether the alleged unfairness in investigation warrants judicial intervention under the writ jurisdiction.
Legislation cited
- BNS, 2023 — s. 110, 131, 191(2), 333, 351(3), 352
Subjects
- mandamus
- criminal investigation
- fair investigation
- high court writ jurisdiction
- police misconduct
- transfer of investigation
- BNS 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22112 of 2026
Ajeet Singh
.....Petitioner(s)
Versus
State Of U.P. And 15 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Pandey, Pradeep Singh
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
commanding the respondent no.3/Senior Superintendent of Police,
District-Mathura to transfer the investigation and make sure the fair
investigation in pursuance of the FIR dated 14.06.2026 lodged by
the petitioner against the respondent no.5 to 16 as case crime
No.225 of 2026, under Sections 191(2), 333, 131, 110, 352, 351(3)
of BNS, 2023, Police Station-Farah, District-Mathura, within
stipulated period as fixed by this Hon'ble Court and/or pass such
other and further order direction which this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case,
otherwise the applicant shall suffer irreparable loss and injury.
(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 14.06.2026 but the
CRLP No. 22112 of 2026
2
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.3, Senior Superintendent of Police, Mathura,
highlighting his grievance and seeking fair and impartial
investigation. If such an application is moved by the petitioner,
respondent no.3, Senior Superintendent of Police, Mathura, 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 29, 2026
Ashutosh/S
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
Checking your session…