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Allahabad High Court

ARCHANA KUMARI MEDHAVIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The High Court held that the writ petition was not maintainable and directed the petitioner to approach the trial court for relief.

Summary

The petitioner filed an FIR on 20 May 2016 (Case Crime No. 277 of 2016) alleging offences under Sections 406, 420, 471, 467, 468, 504, 506 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989. The trial court, after a protest petition, ordered a re‑investigation, but more than eight years later the investigation remained incomplete. The petitioner sought a mandamus directing the police to transfer the investigation to another agency or district and to conclude it within a fixed period. The High Court held that the writ petition was not the appropriate remedy and directed the petitioner to approach the trial court with an application highlighting his grievance. The petition was consequently disposed, with a direction that the trial court consider the matter within fifteen days of filing the application.

Issues considered

  • What is the appropriate remedy for a petitioner aggrieved by the delay in re‑investigation of a criminal case?
  • Whether the High Court can issue a mandamus directing transfer of investigation to another agency or district in the circumstances.

Legislation cited

Subjects

  • mandamus
  • transfer of investigation
  • re‑investigation delay
  • SC/ST Act
  • criminal procedure
  • writ petition
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

      CRIMINAL MISC. WRIT PETITION No. - 22238 of 2026

Archana Kumari Medhavi
                                                       .....Petitioner(s)
                               Versus
State Of U.P. And 4 Others
                                                     .....Respondent(s)

Counsel for Petitioner(s) : Arvind Kumar Mishra,             Devendra
                            Mishra, Saurabh Mishra
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
     MANDAMUS commanding to the respondent no. 1 to
     transferred the investigation of Case Crime No. 277 of 2016
     U/S 406, 420, 471, 467, 468, 504, 506 of I.P.C. & Section
     3(1) (x) S.C. & S.T. Act 1989, P.S. Civil Lines, District
     Allahabad (Commissionerate Prayagraj) to any other
     investigating agency like C.B.C.I.D. or transferred the
     investigation to the police of another district and
     investigation may be concluded with in stipulated period as
     may be fixed by this Hon'ble court.


     (ii). Issue a writ, order or direction in the nature of
     MANDAMUS commanding and directing the respondent
     no. 2 to transferred the investigation of Case Crime No. 277
     of 2016 U/S 406, 420, 471, 467, 468, 504, 506 of I.P.C. &
     Section 3(1) (x) S.C. & S.T. Act 1989, P.S. Civil Lines,
     District Allahabad to any other {Commissionerate
     Prayagraj) investigating officer or investigating branch like
     crime branch of commissionerate Prayagraj and
                                                                                         CRLP No. 22238 of 2026
                                                                  2


                                         investigation may be concluded may be stipulated period
                                         as may be fixed by this Hon'ble court.


                                         (iii) Issue any other suitable 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 the petitioner
                                    lodged an F.I.R. on 20.05.2016, which was registered as Case Crime
                                    No. 277 of 2016, under Sections 406, 420, 471, 467, 468, 504, 506 of
                                    the I.P.C. and Section 3(1)(x) of SC/ST Act at Police Station Civil
                                    Lines, District Allahabad. Pursuant to the said F.I.R., the police
                                    conducted an investigation and upon conclusion thereof, submitted a
                                    final report on 05.08.2016. Upon receipt of the final report, the
                                    learned trial court issued notice to the petitioner. In pursuance
                                    thereof, the petitioner appeared before the learned trial court and filed
                                    a protest petition. The said protest petition was considered by the
                                    learned trial court and, after hearing the parties, the court directed re-
                                    investigation into the matter.

                                    4. Learned counsel for the petitioner has further submitted that,
                                    despite lapse of more than eight years since the passing of the said
                                    order, the re-investigation in the instant case has not yet been
                                    concluded and is still pending.

                                    5. In view of the facts and circumstances of the case, the instant writ
                                    petition is disposed of with a direction to the petitioner to file an
                                    application before the learned trial court, highlighting his grievance. In
                                    case, such an application is filed within a period of fifteen days, the
                                    learned Special Judge, S.C./S.T. Act, Allahabad, shall consider and
                                    decide the same by passing an appropriate order in accordance with
                                    law.

                                    6. With the aforesaid observations, the instant writ petition stands
                                    disposed of.

                                    September 30, 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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