Allahabad High Court
SHIV KUMARversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the investigation has already been concluded with a charge‑sheet.
Summary
Shiv Kumar, the first informant, filed a criminal miscellaneous writ petition seeking a writ of mandamus directing the State respondents to conduct a fair investigation into a case involving offences under Sections 420, 406, 506 and 120‑B IPC. The State, represented by the Advocate General, submitted that the investigating officer had already filed a charge‑sheet on 24‑03‑2025 and a supplementary charge‑sheet on 07‑04‑2025, naming only one accused and exonerating the others, thereby rendering the petition moot. The petitioner’s counsel could not rebut this submission. Relying on the Supreme Court’s decision in Pradnya Pranjal Kulkarni v. State of Maharashtra (2025 SCC OnLine SC 1948), the Court held that the writ petition was infructuous. Consequently, the petition was dismissed and any interim order was vacated.
Issues considered
- Whether a writ of mandamus can be issued to direct a fresh investigation when a charge‑sheet has already been filed.
- Whether the petition is rendered infructuous on the basis of the submitted charge‑sheet and supplementary report.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 193(3)
- Indian Penal Code — s. 120-B, 406, 420, 506
Subjects
- criminal writ
- mandamus
- investigation
- charge sheet
- infructuous
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 27909 of 2025
Shiv Kumar
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ruchi Mishra
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Miss Ruchi Mishra, the learned counsel for petitioner and the
learned A.G.A. for State-respondents 1, 2, 3 and 4.
2. Perused the record
3. Petitioner-Shiv Kumar, who is the first informant, has approached this
Court by means of present criminal misc. writ petition for a writ of
mandamus commanding respondents 2, 3 and 4 to conduct fair investigation
of Case Crime No. 0035 of 2025, under Sections 420, 406, 506, 120-B IPC,
Police Station-Sihani Gate, District-City (Commissionerate) Ghaziabad
arising out of the FIR dated 01.02.2025 lodged by first informant i.e.
petitioner herein.
4. On the matter being taken up, the learned A.G.A. for State-respondents
1, 2, 3 and 4 submits that after completion of statutory investigation of
aforementioned case crime number, Investigating Officer has submitted
the charge sheet/police report dated 24.03.2025 in terms of Section 193(3)
BNSS. Thereafter, Investigating Officer has submitted a supplementary
charge sheet/police report dated 07.04.2025. In aforementioned police
reports, respondent-5 Sudhir Chauhan has been charge sheeted, whereas
respondents 6 to 9 have been exculpated. On the above premise, the
learned A.G.A. thus submits that present writ petition has now been
rendered infructuous.
5. When confronted with above, the learned counsel for petitioner could
CRLP No. 27909 of 2025
2
not overcome the same.
6. Having heard the learned counsel for petitioner, the learned A.G.A. for
State-respondents 1 to 4 and considering the submissions urged by the
learned A.G.A. in opposition to this criminal misc. writ petition as noted
herein above and also the law laid down by the Apex Court in the case of
Pradnya Pranjal Kulkarni Vs. State of Maharashtra and Another, 2025 SCC
OnLine SC 1948, we find that present criminal misc. writ petition has now
been rendered infructuous.
7. In view of above, this writ petition is, accordingly, dismissed as having
rendered infructuous.
8. Interim order, if any, stands vacated.
February 23, 2026
Vinay
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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