Dismissed¶22

Sanjay Singh v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 3 Others

Allahabad HC10 Nov 2025CRLP/10136/2025

Case brief

AI extract

What is this about?

Writ petition dismissed; mandamus for arrest of accused not maintainable; fair investigation prayer dismissed as misconceived; FIR No. 82/2024, P.S. Banthra, District Lucknow; Sections 323, 395, 452, 504, 506 IPC; Section 3(2)(v) SC/ST Act; charge-sheet dated 27.05.2024 filed, case pending; instructions dated 24.10.2025 of SI Shyamu Dwivedi; Sanjay Singh v. State of U.P.; Allahabad High Court Lucknow Bench; Rajnish Kumar, J.; Zafeer Ahmad, J.; decided November 10, 2025.

What did the court decide?

On the learned A.G.A.'s objection, the Court proceeded on the footing that prayer no.1 — a direction for arrest of the accused persons — was not maintainable, and counsel for the petitioner (Sri Abdul Sattar, holding brief of Sri Hari Prasad) could not dispute the objection. ¶14

Sanjay Singh Vs State of U.P. Thru. Prin. Secy. (Home)… — Caste Atrocities | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶22

Issue for consideration

Whether a writ, order or direction in the nature of mandamus should be issued commanding opposite parties nos. 2 and 3 to arrest the accused persons in connection with FIR No. 82/2024 (prayer no. 1). +1 more

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Court's answer

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Ratio / Principle

The petition was dismissed so far as prayer no.1 (mandamus for arrest of the accused persons in FIR No. 82/2024) is concerned.

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Key takeaways

With the petition surviving only for prayer no.2 (just, proper and fair investigation of FIR No. 82 of 2024), the Court dismissed it 'accordingly', i.e., accepting the A.G.A.'s submission, based on instructions of SI Shyamu Dwivedi taken on record, that a charge-sheet dated 27.05.2024 had already been filed and the case was pending in court, rendering the petition misconceived.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 10 — Hon'ble Rajnish Kumar, J. and Hon'ble Zafeer Ahmad, J. — Criminal Misc. Writ Petition No. 10136 of 2025, decided November 10, 2025 (Sanjay Singh v. State of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others). The petitioner sought (i) a mandamus to opposite parties nos. 2 and 3 to arrest the accused persons in connection with FIR No. 82/2024 (Sections 323, 395, 452, 504, 506 IPC and Section 3(2)(v) SC/ST Act, Police Station-Banthra, District Lucknow) and (ii) a mandamus for a just, proper and fair investigation of that FIR. On the learned A.G.A.'s objection that a direction for arrest of accused persons is not maintainable, petitioner's counsel (Sri Abdul Sattar, holding brief of Sri Hari Prasad) could not dispute the same; the petition was dismissed for prayer no.1. On instructions dated 24.10.2025 of Sri Shyamu Dwivedi, Sub-Inspector, P.S. Banthra (copy taken on record), the A.G.A. submitted that a charge-sheet dated 27.05.2024 had been filed and the case was pending in court, making the petition misconceived and lacking merit; the petition, surviving only for prayer no.2, was dismissed accordingly.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 10136 of 2025

Sanjay Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others

¶7

Counsel for Petitioner(s) ers	: Hari Prasad, Surendra Pal .....Respondent(s)
Counsel for Respondent(s)	: G.A.

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Court No. - 10

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HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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1.Heard.

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This petition has been filed with the following prayers:-

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(i). to issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 to arrest the accused persons in connection with the impugned First Information Report No-82/2024, Under section-323, 395, 452, 504, 506 I.P.C. & 3 (2) (V) S.C. S.T. Act, Police Station-Banthra, District-Lucknow (As contained in in Annexure No. 1 to this Writ forthwith.

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(ii). to issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 to conducting the just, proper and fair investigation of First Information Report No-82/2024, Under section-323, 395, 452, 504, 506 I.P.C. & 3 (2) (V) S.C. S.T. Act, Police Station-Banthra, District-Lucknow in the interest of justice.

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On an objection raised by learned A.G.A that the prayer no.1 for a direction for arrest of the accused persons is not maintainable, Sri Abdul Sattar, Advocate holding brief of Sri Hari Prasad, learned counsel for the petitioner could not dispute the same.

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In view of above, this petition is dismissed for the prayer no.1.

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Now the petition survives mainly for prayer no. 2 for proper and fair investigation of F.I.R No.82 of 2024, under Sections 323, 395, 452, 504, 506 I.P.C. & 3 (2) (V) S.C/S.T Act, Police Station Banthra, District Lucknow.

¶17

Learned A.G.A, on the basis of instructions dated 24.10.2025 received

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CRLP No. 10136 of 2025

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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from Sri Shyamu Dwivedi,Sub Inspector,Police Station Banthara, District Lucknow, a copy of which has been placed before this Court and is taken on record, submits that charge-sheet dated 27.05.2024 has been filed and the case is pending in the court, therefore, this petition is misconceived and lacks merit.

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Dismissed accordingly.

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November 10, 2025

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Shahnaz

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Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Singh v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sanjay Singh v. State of U.P. Thru. Prin. Secy. (Home) Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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