Allahabad High Court
RAJESH KUMAR AGARWALversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that it would not issue mandamus but directed the petitioner to move an application before the Commissioner of Police for a fair investigation.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking a writ of mandamus directing the police to conduct a fair and proper investigation of an FIR dated 30-06-2025 under Sections 115(2), 352, 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner alleged that the police were not investigating the case impartially. The Court observed that the petitioner could approach the Commissioner of Police, Commissionerate Agra, with an application to ensure a fair, impartial and expeditious investigation. No mandamus was issued; instead, the Court directed the petitioner to seek relief through the appropriate police authority. Consequently, the petition was disposed of without any further order.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the police to conduct a fair investigation under the cited statutes.
- Whether the petitioner should be directed to approach the Commissioner of Police for redress.
Legislation cited
- B.N.S. — s. 115(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- mandamus
- police investigation
- FIR
- Dowry Prohibition Act
- criminal procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9721 of 2026
Rajesh Kumar Agarwal
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Srivastav, Rajesh Kumar
Srivastava
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 A.G.A. 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 or direction in the nature of mandamus commanding and
directing the respondent no.3 to make fair and proper investigation in the
matter in pursuance of the F.I.R. dated 30.06.2025 bearing Case Crime
No.0227 of 2025, under Sections 115(2), 352, 85 of B.N.S. and Section 3/4
Dowry Prohibition Act, Police Station - Hari Parvat, District - Agra.
(ii) Issue any other writ, order or direction of suitable nature which this
Hon'ble Court may deem fit and proper under the facts and circumstances of
the case.
(iii) Award cost of the writ petition in favour of 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 30.06.2025, 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
Commissioner of Police, Commissionerate Agra, highlighting his grievance
and seeking fair and impartial investigation and if such an application is
moved before the Commissioner of Police, Commissionerate Agra, the
CRLP No. 9721 of 2026
2
Commissioner of Police, Commissionerate Agra 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
ss
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SANDEEP SHARMA
High Court of Judicature at Allahabad
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