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
- Indian Penal Code — s. 406, 420, 467, 468, 471, 504, 506
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(x)
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
Checking your session…