Allahabad High Court
NEETA NISHADversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court directed the Commissioner of Police to ensure a fair and impartial investigation and to consider any grievance filed by the petitioner.
Summary
The petitioner, Neeta Nishad, filed a criminal miscellaneous writ petition seeking a direction to the State of Uttar Pradesh and others to conduct a fair investigation in Crime No. 121 of 2026, which falls under Sections 115(2), 352 and 351(3) of the BNS. The petitioner alleged that the investigation was biased and requested judicial intervention. The Court examined whether it could issue a directive under its writ jurisdiction to ensure an impartial probe and whether a grievance mechanism could be provided. Relying on principles of fair investigation and the High Court’s power to issue directions in criminal matters, the Court ordered the Commissioner of Police to conduct a fair and impartial investigation and to entertain any grievance filed by the petitioner. The petition was disposed with these directions.
Issues considered
- Whether the High Court can direct the police to conduct a fair and impartial investigation under Sections 115(2), 352 and 351(3) of the BNS
- Whether the petitioner may approach the Commissioner of Police for grievance redressal regarding the investigation
Legislation cited
- BNS — s. 115(2), 351(3), 352
Subjects
- fair investigation
- criminal writ
- police
- direction
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22402 of 2026
Neeta Nishad
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rishabh Kumar Pandey,
Santosh Kumar Upadhyay,
Shiv Prasad Upadhyay
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
The petitioner has prayed for a direction to the
respondent authorities to conduct a fair investigation
in Case Crime No. 121 of 2026, under Sections 115(2),
(352), 351(3) of BNS, Police Station Kareli, District
Nagar (Commissionerate Prayagraj).
The interest of justice will be served by issuing the
following directions:
I. The concerned Commissioner of Police shall ensure
that a fair and impartial investigation is conducted in
the matter as per law.
II. In case the petitioner has any grievance with regard
to the investigation, he may make an application before
the concerned Commissioner of Police.
II. In case such application is made, the
concerned Commissioner of Police shall examine the
CRLP No. 22402 of 2026
2
matter in accordance with law.
With the aforesaid directions, the writ petition is
disposed of.
September
16, 2026
Vikram
(Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
Digitally signed by :-
VIKRAM SINGH
High Court of Judicature at Allahabad
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