Allahabad High Court
AARTI DEVIversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court held that the petitioner should approach the Commissioner of Police, who must ensure a fair, impartial and expeditious investigation, and therefore did not issue a mandamus.
Summary
The petitioner, Aarti Devi, filed a criminal miscellaneous writ petition seeking a mandamus directing the police to complete a fair and proper investigation into an FIR dated 05-10-2025 under Sections 115(2), 352 and 351(3) of the B.N.S., 2023. The petitioner alleged that the police were not conducting an impartial investigation. The Court observed that the petitioner could move an application before the Commissioner of Police, Prayagraj, highlighting her grievance. The Court directed the Commissioner to ensure a fair, impartial and expeditious investigation if such an application is filed. Consequently, the writ petition was disposed without granting the relief of mandamus.
Issues considered
- Whether a writ of mandamus can be issued directing the police to conduct a fair investigation in the present case
- Whether the petitioner should approach the Commissioner of Police to obtain a fair investigation
Legislation cited
- B.N.S., 2023 — s. 115(2), 351(3), 352
Subjects
- writ petition
- mandamus
- police investigation
- fair investigation
- criminal procedure
- B.N.S. 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9471 of 2026
Aarti Devi
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Singh
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 nos.2 and 3, to conclude the fair and
proper investigation against the respondent Nos.4 to 7 in
pursuance of F.I.R. dated 05.10.2025 having Case Crime No.178
of 2025, under Sections 115(2), 352, 351(3) of B.N.S., 2023 at
Police Station Bahariya, District Prayagraj, within stipulated time
from command of this Hon'ble Court.
(ii) issue any other order or direction, which this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case.
(iii) award the cost of the petition."
3. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been registered on 05.10.2025,
however, the police is not investigating the case in fair and
impartial manner.
4. In view thereof, the petitioner may move an application before
CRLP No. 9471 of 2026
2
the respondent no.2- Commissioner of Police, Prayagraj,
highlighting her grievance and seeking fair and impartial
investigation. If such an application is moved by the petitioner,
respondent no.2- Commissioner of Police, Prayagraj, 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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