Allahabad High Court
SUBHADRA DEVIversusSTATE OF U.P. AND 9 OTHERS
- Decided
Holding
The Court held that it could order the impleadment of the Commissioner of Police and direct a fair, impartial, and expeditious investigation, thereby granting the petitioner's relief.
Summary
The petitioner, Subhadra Devi, filed a criminal miscellaneous writ petition seeking a mandamus directing the State and police to conduct a free, fair, and time-bound investigation of an FIR dated 19-12-2025 (Case Crime No. 0266 of 2025) under Sections 318(4), 324(4) and 351(3) of the B.N.S., 2023, and to arrest respondents No.4 to 7. The petitioner alleged that the police were not investigating impartially. The Court permitted the petitioner’s counsel to implead the Commissioner of Police, Commissionerate Kanpur Nagar as respondent No.11 to address the grievance. It directed that, upon filing an application before the Commissioner, the police must ensure a fair, impartial and expeditious investigation. The Court then disposed of the writ petition, granting the relief sought in the form of the order to implead and the directive for investigation.
Issues considered
- Whether a writ of mandamus can be issued directing the police to conduct a fair and time-bound investigation under the B.N.S., 2023.
- Whether the petitioner may implead the Commissioner of Police as a respondent to ensure compliance.
Legislation cited
- B.N.S., 2023 — s. 318(4), 324(4), 351(3)
Subjects
- mandamus
- police investigation
- criminal writ petition
- fair investigation
- implementation of statutory provisions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8177 of 2026
Subhadra Devi
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE RAJIV GUPTA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Learned counsel for the petitioner is permitted to implead the
Commissioner of Police, Commissionerate Kanpur Nagar as
respondent no.11, during the course of the day.
2. Heard learned counsel for the petitioner, learned AGA for the
State and perused the record.
3. The instant writ petition has been filed by the petitioner for the
following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus
directing the respondents to ensure the free and fair investigation
of the case in pursuance of F.I.R. dated 19.12.2025, registered as
Case Crime No. 0266 of 2025, under Sections 318(4), 324(4),
351(3) of B.N.S., 2023, Police Station Sadh, District Kanpur Nagar
in the time bound manner and also ensure the arrest of the named
respondent nos.4 to 7 during the investigation.
(ii) Issue any other writ, order or direction, which this Hon'ble Court
may deem fit and proper in the circumstances of the case.
(iii) Award the cost of the writ petition to the petitioner."
4. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been lodged on 19.12.2025 but the
police is not investigating the case in fair and impartial manner.
CRLP No. 8177 of 2026
2
5. In view thereof, the petitioner may move an application before
the respondent no.11- Commissioner of Police, Commissionerate
Kanpur Nagar, highlighting her grievance and seeking fair and
impartial investigation. If such an application is moved by the
petitioner, respondent no.11- Commissioner of Police,
Commissionerate Kanpur Nagar, shall ensure the fair, impartial
and expeditious investigation in the present case.
6. With the aforesaid order, the present writ petition stands
disposed of.
May 7, 2026
Nadim
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
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