Allahabad High Court
ATISH CHANDRA GUPTAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the statutory investigation has been completed.
Summary
Petitioner Atish Chandra Gupta, the first informant in FIR No. 13.12.2024, filed a criminal miscellaneous writ petition seeking a mandamus directing the State respondents to conduct a fair investigation under IPC sections 318(4), 336(3) and 340(2). The State, through the learned Additional Government Advocate, submitted that the investigating officer had already submitted the final police report on 27.12.2025 pursuant to Section 193(3) of the Criminal Procedure Code, thereby completing the statutory investigation. The Court examined the record and the submissions and held that the filing of the final report extinguished any remaining cause of action for the petitioner. Consequently, the petition was deemed infructuous and was dismissed. The interim order, if any, was vacated.
Issues considered
- Whether a writ of mandamus directing further investigation is maintainable after the investigating officer has filed the final report under Section 193(3) CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 193(3)
- Indian Penal Code — s. 318(4), 336(3), 340(2)
Subjects
- mandamus
- investigation
- criminal procedure
- infructuous petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22546 of 2026
Atish Chandra Gupta
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sonu Kumar Tiwari, Yogesh Kumar
Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 46
HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Yogesh Kumar Tripathi, the learned counsel for petitioner and
the learned A.G.A. for State-respondents 1, 2 and 3.
2. Perused the record
3. Petitioner- Atish Chandra Gupta, who is first informant, has approached
this Court by means of present Criminal Misc. Writ Petition for a writ of
mandamus commanding respondents 2 and 3 to conduct fair and proper
investigation of Case Crime No. 749 of 2024, under sections 318(4), 336(3),
340(2) BNS arising out of FIR dated 13.12.2024 lodged by first informant-
writ petitioner.
4. On the matter being taken up, the learned A.G.A. for State-respondents 1,
2 and 3 submits that after completion of statutory investigation of
aforementioned case crime number, Investigating Officer has forward the
final report/police report dated 27.12.2025 in terms of Section 193(3) BNSS.
It is thus urged by the learned A.G.A. that in view of above, no cause of
action now survives to the petitioner to maintain present writ petition. As
such, the present writ petition is liable to be dismissed as having rendered
infructuous.
5. When confronted with above, the learned counsel for petitioner could not
overcome the same.
CRLP No. 22546 of 2026
2
6. Having heard the learned counsel for petitioner, the learned A.G.A. for
State-respondents 1, 2 and 3, upon perusal of record and considering the
submissions urged by the learned A.G.A., we find that no cause of action
now survives to petitioner to maintain the present writ petition.
7. In view of above, this writ petition is, accordingly, dismissed as having
rendered infructuous.
8. Interim order, if any, stands vacated.
(Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.)
September 18, 2026
Dhirendra/
Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad
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