Allahabad High Court
ATUL KUMAR DUBEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court declined to issue a mandamus and disposed of the petition, directing the petitioner to approach the Superintendent of Police for a fair and expeditious investigation.
Summary
The petitioner, Atul Kumar Dubey, filed a criminal miscellaneous writ petition seeking a mandamus directing the State and police to conduct a fair, impartial and time‑bound investigation into FIR No. 210 of 2025. He alleged that despite the FIR being registered on 26‑07‑2025, the police had not investigated the case properly and had caused undue delay. The petitioners' counsel argued that the investigation was biased and requested the court to order a specific action plan and to call the investigating officer for explanation. The Court observed that the petitioner could first move an application before the Superintendent of Police, Azamgarh, highlighting his grievance, and that the SP should ensure a fair and expeditious investigation. Accordingly, the Court disposed of the writ petition without issuing a mandamus, directing the petitioner to approach the SP for relief.
Issues considered
- Whether a High Court can issue a writ of mandamus directing the police to conduct a fair, impartial and time‑bound investigation.
- Whether the petitioner is entitled to a court‑ordered investigation report and specific timelines.
- Whether the court can direct the investigating officer to explain the delay and manner of investigation.
Subjects
- mandamus
- fair investigation
- police delay
- criminal procedure
- writ petition
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9340 of 2026
Atul Kumar Dubey
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Mishra, Binod Kumar Mishra
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 the respondents to ensure fair, impartial and time bound
investigation in FIR No. 210 of 2025, P.S. Pawai, District Azamgarh.
(ii) Direct the respondents to conclude the investigation within a
stipulated period and to place a specific and step wise action taken report
before this Hon'ble Court.
(iii) Direct the competent authority to call for explanation from
respondent no. 4 (investigating officer) regarding the delay, inaction and
manner of investigation conducted so far.
(iv) Pass such order and further order as this Hon'ble Court may deem fit
and proper in the circumstances of the case.
(v) award the cost of the writ petition to the petitioner."
3. Learned counsel for the petitioner submits that the petitioner is the first
informant in the present case and though the FIR in the instant case has
been registered on 26.7.2025, yet the police is not investigating the case
in fair and impartial manner.
CRLP No. 9340 of 2026
2
4. In view of the above, the petitioner may move an application before the
S.P. Azamgarh, District Azamgarh, highlighting his grievance and
seeking fair and impartial investigation and if such an application is
moved before the S.P. Azamgarh, District Azamgarh, the S.P. Azamgarh,
District Azamgarh/ respondent no. 2 shall ensure the fair, impartial and
expeditious investigation in the present case.
5. With the aforesaid observation, the present petition stands disposed of.
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
May 6, 2026
Dhirendra/
Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad
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