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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

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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