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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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