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Allahabad High Court

RAKESH CHANDRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the petitioner should first move an application before the Commissioner of Police, who shall ensure a fair, impartial, and expeditious investigation, and accordingly disposed of the writ petition.

Summary

Petitioner Rakesh Chandra filed a criminal miscellaneous writ petition seeking a mandamus directing the Commissioner of Police, Prayagraj, to conduct a fair and impartial investigation into Crime No. 0040 of 2024 under Sections 279 and 338 of the B.N.S., 2023, and to arrest the accused. The petitioner alleged that the police were not investigating the case fairly despite the FIR being registered on 08.03.2024. The Court examined the petition and the counsel’s submissions. It directed the petitioner to move an application before the Commissioner of Police, Prayagraj, highlighting his grievance and seeking a fair investigation. The Court ordered that the Commissioner ensure a fair, impartial, and expeditious investigation and disposed of the writ petition.

Issues considered

  • Whether a High Court can issue a writ of mandamus directing the police to conduct a fair investigation in a criminal case.
  • Whether the petitioner must first approach the Commissioner of Police before seeking judicial intervention.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • police investigation
  • fair investigation
  • criminal procedure
  • B.N.S., 2023
  • Sections 279
  • Sections 338
  • High Court of Allahabad

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 9478 of 2026

Rakesh Chandra
                                                              .....Petitioner(s)
                                  Versus

State Of U.P. And 2 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)      : Ashok Kumar Yadav, Yashvardhan
                                 Yadav
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) to Issue a writ, order or direction in the nature of mandamus
directing the respondent nos.2, to conduct fair investigation in
Case Crime No. 0040 of 2024, under Sections 279 and 338 of
B.N.S., 2023 at Police Station Pooramufti, District Prayagraj and
arrested the accused persons immediately in the aforesaid criminal
case.

(ii) to issue suitable writ order or direction which this Hon'ble Court
may deem just and proper under in the ends of justice.

(iii) to allow present writ petition with costs."

3. Learned counsel for the petitioner has submitted that though in
the instant case, F.I.R. has been registered on 08.03.2024,
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-   Commissioner          of   Police,   Prayagraj,
                                                                                        CRLP No. 9478 of 2026
                                                                 2


                                    highlighting   his   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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