Allahabad High Court
JAHEER ALAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that without a registered FIR, a mandamus cannot be issued to direct a police inquiry under Section 173(3).
Summary
Petitioner Jaheer Alam filed a criminal miscellaneous writ petition seeking a mandamus directing the police (respondent No.2) to conduct an inquiry under Section 173(3) of the Criminal Procedure Code concerning an incident dated 24‑04‑2025 and to consider a representation dated 22‑09‑2025. The Court asked whether an investigation could be launched in the absence of a registered FIR. The petitioner’s counsel was unable to answer this crucial query. Since the essential factual prerequisite – existence of a FIR – was not established, the Court found no basis to entertain the writ. Consequently, the petition was dismissed.
Issues considered
- Can a mandamus be issued to compel a police investigation under Section 173(3) when no FIR has been registered?
- Is the absence of a FIR a fatal defect for the issuance of a writ of mandamus in a criminal investigation?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(3)
Subjects
- writ petition
- mandamus
- investigation
- FIR
- Section 173
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5521 of 2026
Jaheer Alam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Gupta, Shubham Maurya
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
Heard Mr. Mahesh Kumar, Advocate, holding brief of Mr. Santosh Kumar
Gupta, the learned counsel for petitioner and the learned A.G.A. for
State/respondents- 1,2,3.
Perused the record.
Petitioner- Jaheer Alam has approached this Court by means of present writ
petition with the following prayer:
"issue a writ, order or direction in the nature of mandamus commading
respondent no. 2 to made enquiry under section 173(3) BNSS with regard to
incident dated 24.4.2025 and thereafter take action against the respondent No.4.
Issue a writ, order or direction in the nature of mandamus commanding
respondent no.2 to consider the representation dated 22.9.2025"
On the matter being taken up, the Court raised a pointed query, as to whether
the investigation can be conducted in the absence of an F.I.R, having been
registered.
Learned counsel for petitioner could not answer the query of the Court.
In view of above, we decline to entertain the present writ petition.
It is accordingly dismissed.
April 20, 2026
Arshad
(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)
Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad
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