Dismissed¶21

Santosh v. State of U.P. and 3 Others

Allahabad HC18 Nov 2025CRLP/25668/2025

Case brief

AI extract

What is this about?

Maintainability of first informant's writ petition seeking mandamus for fair and impartial investigation and arrest of accused; alternative remedy before jurisdictional magistrate; Sakiri Vasu v. State of U.P. (2008) 2 SCC 409; FIR dated 26.01.2025, Case Crime No. 18 of 2025, Sections 137(2) and 87 BNS, P.S. Gazipur, District Fatehpur; Criminal Misc. Writ Petition No. 25668 of 2025 (running head: CRLP No. 25668 of 2025), High Court of Judicature at Allahabad; bench Rajeev Misra, J. and Dr. Ajay Kumar-II, J.; petition dismissed with liberty to approach jurisdictional magistrate; decided November 18, 2025.

What did the court decide?

Liberty to the petitioner to approach the jurisdictional magistrate for free and fair investigation. ¶21

Santosh vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 25668 of 2025

Santosh

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) Counsel for Respondent(s)	: Anjeet Singh : G.A.

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Court No. - 47

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HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J.

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Heard the learned counsel for the petitioner and the learned A.G.A. representing respondents 1 to 3.

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2. Perused the record.

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Petitioner Santosh who is the first informant has approached this Court by means of present writ petition with the following prayer:-

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“(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent nos. 2 and 3 to conclude fair and impartial investigation against the accused person i.e. respondent no. 4 in accordance with law in pursuance of the first information report dated 26.01.2025, registered as Case Crime No. 18 of 2025, under Sections 137(2), 87 BNS, P.S.- Gazipur, District- Fatehpur.

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(b) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 2 and 3 to arrest respondent no. 4 in pursuance of first information report dated 26.01.2025, registered as Case Crime No. 18 of 2025, under Sections 137(2), 87 BNS, P.S.- Gazipur, District- Fatehpur."

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At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in view of the law laid down by Hon'ble Apex Court in Sakiri Vasu Vs. State of U.P. (2008) 2 SCC 409 , remedy lies to the petitioner to approach the jurisdictional magistrate for redressal of his grievance as such present writ petition is misconceived and therefore, liable to be dismissed.

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When confronted with above, the learned counsel for petitioner could not overcome the same.

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Having heard the learned counsel for petitioner, the learned A.G.A. for State respondents 1 to 3 and upon perusal of record, we find that in respect of grievance raised in the present writ petition, remedy lies to the

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CRLP No. 25668 of 2025

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petitioner to approach jurisdictional magistrate for free and fair investigation.

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