Allahabad High Court
RATAN SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court held that it could not directly issue a mandamus but directed the petitioner to approach the Superintendent of Police, who must ensure a fair and expeditious investigation.
Summary
The petitioner, Ratan Singh, filed a criminal miscellaneous writ petition seeking a mandamus directing the Superintendent of Police, Mainpuri, to ensure a fair and expeditious investigation of an FIR dated 31.01.2026 under several sections of the B.N.S. The petitioner alleged that the police were not investigating impartially despite being the first informant. The Court examined the petition and the counsel’s submissions. It directed the petitioner to move an application before the Superintendent of Police highlighting the grievance, and ordered that the Superintendent ensure a fair, impartial, and speedy investigation. Accordingly, the writ petition was disposed of.
Issues considered
- What relief, if any, can be granted by the High Court in the form of a writ of mandamus directing the police to conduct a fair and expeditious investigation?
Legislation cited
- B.N.S. — s. 318(4), 336(6), 338, 340(2), 351(2)
Subjects
- mandamus
- fair investigation
- police
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8016 of 2026
Ratan Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pavitra Kumar Pathak, Rajneesh Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE RAJIV GUPTA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard learned counsel for the petitioner, learned AGA for the State and
perused the record.
2. The instant writ petition has been filed by the petitioner for the following
relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and
directing the respondent No.2 to ensure for fair and expeditious investigation in
pursuance of First Information Report dated 31.01.2026 registered as Case Crime
No.53 of 2026, under Sections 318(4), 338, 336(6), 340(2), 351(2) of B.N.S., Police
Station Kishni, District Mainpuri within stipulated time as fixed by this Hon'ble
Court."
3. Learned counsel for the petitioner has submitted that the petitioner is the
first informant in the present case and though the F.I.R. in the instant case
has been registered on 31.01.2026, yet the police is not investigating the case
in fair and impartial manner.
4. In view of the above, the petitioner may move an application before the
respondent no.2 Superintendent of Police, Mainpuri, highlighting her
grievance and seeking fair and impartial investigation and if such an
application is moved by the petitioner, respondent no.2, Superintendent of
Police, Mainpuri, shall ensure the fair, impartial and expeditious
investigation in the present case.
5. With the aforesaid order, the present writ petition stands disposed of.
April 28, 2026
Monika
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
Digitally signed by :-
MONIKA KESARWANI
High Court of Judicature at Allahabad
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