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Allahabad High Court

SHIVDAS KUSHWAHAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioner must first approach the Superintendent of Police for a fair investigation and therefore disposed of the writ petition.

Summary

Shivdas Kushwaha filed a criminal miscellaneous writ petition seeking a mandamus directing the police officers (respondent nos. 2 and 3) to conduct a fair and transparent investigation of FIR No. 0025/2026. The petitioner alleged that despite the FIR being registered on 2 March 2026, the investigation was not being carried out impartially. The Court examined whether it could issue a writ of mandamus directing the police to investigate and whether the petitioner had an alternative remedy. It held that the petitioner should first move an application before the Superintendent of Police, Chitrakoot, to raise his grievance. Accordingly, the Court directed the petitioner to approach the SP and disposed of the writ petition without granting the relief sought.

Issues considered

  • Whether a writ of mandamus can be issued to direct police officers to conduct a fair investigation
  • Whether the petitioner has an alternative remedy by approaching the Superintendent of Police

Subjects

  • writ of mandamus
  • police investigation
  • fair investigation
  • criminal procedure
  • high court

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 9591 of 2026

Shivdas Kushwaha
                                                          .....Petitioner(s)
                                 Versus

State Of U.P. And 3 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s) : Rakesh Kumar                  Mishra,    Sumit
                            Kumar Gupta
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) To issue a writ, order or direction in the nature of mandamus
commanding the respondent no.2 and 3 to conduct the
investigation of Case Crime No. 0025/2026 Under Section 87
B.N.S., 2023 Police Station Manikpur, District Chitrakoot in fair and
transparent manner and submit its progress report before this
Hon'ble court.

(ii) To issue a suitable writ, order or direction which this Hon'ble
Court may deem fit and proper under the facts and circumstances
of the case.

(iii) To award cost of the 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 2.3.2026, yet the police is not
investigating the case in fair and impartial manner.

4. In view of the above, the petitioner may move an application before
                                                                                         CRLP No. 9591 of 2026
                                                                 2


                                    the S.P., Chitrakoot, highlighting his grievance and seeking fair and
                                    impartial investigation and if such an application is moved before the
                                    respondent no.2/S.P., Chitrakoot shall ensure the fair, impartial and
                                    expeditious investigation in the present case.

                                    5. With the aforesaid order, the present petition stands disposed of.

                                    May 7, 2026
                                    R

                                                                 (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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