Allahabad High Court
VIRENDRA KUMAR AGRAWALversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The petition is infructuous because the investigation has concluded and a final report has been filed, so the writ of mandamus is dismissed.
Summary
Virendra Kumar Agrawal filed a criminal miscellaneous writ petition before the Allahabad High Court seeking mandamus to ensure a fair, impartial and speedy investigation into a case involving offences under Sections 419, 420, 467, 468, 471 and 120‑B of the Indian Penal Code, to order the arrest of the accused, and to provide police protection under Article 21 of the Constitution. The State and other respondents submitted that a final investigation report had already been filed, rendering the petition’s cause of action non‑existent. The petitioner’s counsel withdrew the original reliefs and instead requested liberty to approach the trial court to challenge the final report. The Court observed that the filing of the final report made the petition infructuous and therefore could not be entertained. It dismissed the writ petition but indicated that the petitioner remains free to pursue other legal remedies, and the petition was disposed of.
Issues considered
- Whether the High Court can issue a writ of mandamus directing further investigation or arrest when a final investigation report has already been filed.
- Whether the petition becomes infructuous on account of the final report and thus lacks a viable cause of action.
- Whether the petitioner is entitled to liberty to approach the trial court for challenging the final report.
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 120-B, 419, 420, 467, 468, 471
Subjects
- mandamus
- investigation
- criminal procedure
- article 21
- writ petition
- final report
- petition disposed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 2857 of 2026
Virendra Kumar Agrawal
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ilma Naz, Kanhaiya Lal, Mohammed
Iftekhar
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE TARUN SAXENA, J.
The petitioner has sought for the following reliefs:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the
Respondent Authority to ensure fair, impartial, and speedy investigation in respect of
the Case Crime No. 0376 of 2024, under Section 419, 420, 467, 468, 471, 120-B of
the I.P.C., Police Station Nawabganj, District Prayagraj and further be pleased to
direct the Respondent Authority to produce entire progress report in respect of the said
case crime before this Hon'ble Court and also ensure entire investigation be carried
out under the monitoring and supervision of this Hon'ble Court.
(ii). Issue a writ, order or direction in the nature of Mandamus commanding the
Respondent No.3 to effect immediate arrest of the entire accused person i.e.
Respondent Nos. 4 to 8 in Case Crime No. 0376 of 2024, under Section 419, 420, 467,
468, 471, 120-B of the I.P.C., Police Station Nawabganj, District Prayagraj.
(iii). Issue a writ, order or direction in the nature of Mandamus commanding the
Respondent No.2 to provide adequate police protection against the influential history-
sheeter criminal/Ex-Chairman including some other accused person in view of Article
21 of the Constitution of India."
Learned A.G.A. submits that after due investigation, a final
report has been filed in the instant case. The cause on which the
writ petition was founded does not survive. The writ petition has
become infructuous.
CRLP No. 2857 of 2026
2
Sri Mohammed Iftekhar, learned counsel for the petitioner does
not wish to press the relief sought in the writ petition. The relief
sought in the writ petition is accordingly declined.
Sri Mohammed Iftekhar, learned counsel for the petitioner
recasts his relief and submits that the petitioner may be granted
liberty to approach the trial court for challenging the final report.
It is always open to the petitioner to avail other legal remedies as
may be advised.
The writ petition is disposed of.
(Tarun Saxena,J.) (Ajay Bhanot,J.)
March 18, 2026
Abhishek Gupta
Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad
Checking your session…