Allahabad High Court
RAMESHWARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the petitioner must first approach the Senior Superintendent of Police with his grievance, after which the SSP is duty-bound to ensure a fair and impartial investigation, and therefore the writ petition was not entertained.
Summary
The petitioner Rameshwar filed a criminal miscellaneous writ petition seeking mandamus directing the Senior Superintendent of Police (SSP) to supervise and replace the investigating officer in Crime No. 19 of 2026, and to include his applications and affidavit in the investigation report, alleging that the police were not conducting a fair and impartial investigation. The petition relied on Sections 137(2) of the B.N.S., 2023. The Court examined whether a writ of mandamus could be issued to compel the police to act in the manner sought. It held that the petitioner should first move an application before the SSP highlighting his grievance, after which the SSP is obligated to ensure a fair, impartial, and expeditious investigation. Accordingly, the Court did not grant the writs but directed the petitioner to approach the SSP, and disposed of the petition.
Issues considered
- What is the appropriate remedy when a petitioner alleges that police investigation is not fair and impartial?
- Can a writ of mandamus be issued to direct the SSP to supervise or replace an investigating officer under Sections 137(2) of the B.N.S., 2023?
Legislation cited
- B.N.S., 2023 — s. 137(2)
Subjects
- mandamus
- fair investigation
- police supervision
- criminal procedure
- writ petition
- Senior Superintendent of Police
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9427 of 2026
Rameshwar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Tiwari, Adya Prasad Pandey,
Ram Krishna Shukla, Samiksha Bhatt
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 reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus
directing the respondent no.2 to supervise the investigation of
Case Crime No. 19 of 2026, under Sections 137(2) of B.N.S., 2023
at Police Station Ramghat, District Bulandshahr and ensure the fair
and impartial investigation of the aforesaid offence.
(ii) Issue a writ, order or direction in the nature of mandamus
directing respondent no.2 by replacing the investigation officer of
Case Crime No.19 of 2026, under Sections 137(2) B.N.S. P.S.
Ramghat, District Bulandshahr and ensure the fair and impartial
investigation of the aforesaid offence.
(iii) Issue a writ, order or direction directing to Investigating Officer
of Case Crime No.19 of 2026, under Sections 137(2) b.N.S. P.S.
Ramghat, District Bulandshahr to include the applications and
affidavit provided by the petitioner, in the investigation report of the
present offence and ensure the fair and impartial investigation of
aforesaid offence in accordance with law.
CRLP No. 9427 of 2026
2
(iv) Issue a writ, order or direction, which this Hon'ble Court may
deem fit and proper under the circumstances of the case.
(v) To allow the writ petition and award the cost in favour of the
petitioners."
3. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been registered on 07.12.2025,
however, the police is not investigating the case in fair and
impartial manner.
4. In view thereof, the petitioner may move an application before
the respondent no.2-Senior Superintendent of Police, Bulandshahr,
highlighting her grievance and seeking fair and impartial
investigation. If such an application is moved by the petitioner,
respondent no.2- Senior Superintendent of Police, Bulandshahr,
shall ensure the fair, impartial and expeditious investigation in the
present case.
5. With the aforesaid order, the present writ petition stands
disposed of.
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
May 6, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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