Allahabad High Court
ANITAversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition for mandamus directing police investigation was dismissed.
Summary
The petitioner, Anita, filed a criminal miscellaneous writ petition seeking a mandamus directing the police of Bhoganipur police station to conduct a proper and fair investigation into Crime No. 120 of 2026 under Sections 87 and 137(2) of the BNS. She alleged that, although the FIR was lodged on 6 April 2026, the police were not investigating the case impartially. The court noted that the petitioner could first move an application before the Superintendent of Police, Kanpur Dehat, to highlight her grievance and seek a fair investigation. The judges held that the petition did not warrant a writ of mandamus and that the appropriate remedy lay in approaching the SP. Consequently, the petition was dismissed. The court ordered the petition to stand disposed of.
Issues considered
- Whether a writ of mandamus can be issued directing the police to conduct a fair and impartial investigation under Sections 87 and 137(2) of the BNS.
Legislation cited
- BNS — s. 137(2), 87
Subjects
- writ petition
- mandamus
- police investigation
- fair investigation
- Section 87
- Section 137(2)
- High Court of Allahabad
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9677 of 2026
Anita
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit 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 relief:
"(i) issue a writ, order or direction in the nature of mandamus
commanding the police of police station Bhoganipur to conduct proper
and fair investigation of Case Crime No. 120 of 2026, under Section 87,
137(2) of BNS, P.S. Bhoganipur, District Kanpur Dehat.
(ii) issue any other writ, order or direction which this Hon'ble Court may
deem fit and proper in the circumstances of the case.
(iii) 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 6.4.2026, 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 the
S.P. Kanpur Dehat, highlighting his grievance and seeking fair and
impartial investigation and if such an application is moved before the S.P.
Kanpur Dehat, the S.P. Kanpur Dehat /respondent no. 2 shall ensure the
fair, impartial and expeditious investigation in the present case.
CRLP No. 9677 of 2026
2
5. With the aforesaid observation, the present petition stands disposed of.
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
May 7, 2026
Dhirendra/
Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad
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