Allahabad High Court
RAM NARESH SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that no provision of law enables it to exercise discretionary jurisdiction under Article 226 to mandamus the police, and therefore dismissed the petition.
Summary
The petitioner, Ram Naresh Singh, filed a criminal miscellaneous writ petition under Article 226 seeking a mandamus directing police authorities to decide his representation. The petition alleged that the investigation had led to a charge-sheet and cognizance taken by the trial court, and that the petitioner required relief from the High Court. The Court examined whether any statutory provision empowered it to issue such a mandamus against the police. It found that no provision of law authorises the High Court to exercise discretionary jurisdiction in this manner. Consequently, the Court held that the petitioner must pursue his remedy before the trial court under the relevant criminal procedure. The writ petition was dismissed.
Issues considered
- Whether the High Court can issue a mandamus under Article 226 directing police authorities to decide the representation of the petitioner
Subjects
- Article 226
- mandamus
- police authority
- writ petition
- criminal procedure
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5901 of 2026
Ram Naresh Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE TARUN SAXENA, J.
Learned A.G.A. on the basis of instructions submits that
pursuant to the investigation the charge-sheet has been filed and
the cognizance of the offence has been taken by the learned trial
court. The charges have also been framed against the accused
persons.
No provision of law has been shown to enable this Court to
exercise discretionary jurisdiction under Article 226 of the
Constitution of India to mandamus of police authorities to
decide the representation of the petitioner.
However, it is open to the petitioner to avail his remedies before
the learned trial court under the B.N.S.S.
The writ petition is accordingly dismissed.
(Tarun Saxena,J.) (Ajay Bhanot,J.)
March 19, 2026
Ashish Tripathi
Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad
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