Dismissed¶30

Haider Ali v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Others

Allahabad HC10 Feb 2026CRLP/1259/2026

Case brief

AI extract

What is this about?

Transfer of investigation; heinous offence; ten years punishment; BNS 2023 Sections 351(3), 115(2), 340(2), 336(3), 338, 318(4), 319(2); Section 94 BNSS 2023; Case Crime No.0419 of 2025; P.S. Wazirganj, District Gonda; biased investigation; general allegations; no allegation against Investigating Officer; writ petition dismissed; Allahabad High Court Lucknow Bench; Haider Ali v. State of U.P.; Vedika Dwivedi; February 10, 2026.

What did the court decide?

No relief on the prayer for transfer of investigation; the writ petition was dismissed. The Court had earlier permitted deletion of prayer no.3 and renumbering of prayers 4 and 5 during the course of the day. ¶30

Haider Ali vs State of U.P. Thru. Prin. Secy./Addl… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the investigation of Case Crime No.0419 of 2025 (P.S. Wazirganj, District Gonda) is liable to be transferred on the ground that the offences are heinous in nature and ten years' punishment has been provided under the B.N.S., 2023. +1 more

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Court's answer

The ground for transfer of investigation - that the offences are heinous in nature and ten years' punishment has been provided under the B.N.S., 2023 - is highly misconceived and not tenable.

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Ratio / Principle

If the heinousness/ten-year-punishment ground were accepted, all investigations involving offences punishable with ten years or more would have to be transferred from one investigating agency to another.

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Key takeaways

The petitioner's representations do not disclose even a single instance of harassment or dereliction of duty by the police in conducting the investigation; only general allegations without any basis were levelled.ratio¶24
The petitioner has not levelled even a single allegation against the Investigating Officer in conducting the investigation.ratio¶25
The petition is misconceived, the grounds taken by the petitioner are not tenable, and the writ petition lacks merit.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajnish Kumar & Zafeer Ahmad, JJ.), Criminal Misc. Writ Petition No.1259 of 2026, decided 10.02.2026 - Transfer of investigation refused; writ petition dismissed. The petitioner sought transfer of investigation of FIR Case Crime No.0419 of 2025 (Sections 351(3), 115(2), 340(2), 336(3), 338, 318(4), 319(2) BNS 2023, P.S. Wazirganj, District Gonda). Held: (i) that the offences are heinous in nature and punishable with ten years under the B.N.S., 2023 is a highly misconceived and untenable ground for transfer - if accepted, every investigation involving offences punishable with ten years or more would have to be shifted from one agency to another; (ii) the petitioner's representations to the DM, SDM, SP and SHO, Gonda disclosed no instance of harassment or dereliction of duty by the police, only baseless general allegations, and not even a single allegation was levelled against the Investigating Officer. Petition misconceived and devoid of merit; dismissed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. WRIT PETITION No. - 1259 of 2026

Haider Ali

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And Others

¶7

.....Respondent(s) Counsel for Petitioner(s) : Vedika Dwivedi, Himanshu Tiwari Counsel for Respondent(s) : G.A.

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Court No. - 10

¶9

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

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1.In view of an objection raised by learned A.G.A., Ms. Vedika Dwivedi, learned counsel for the petitioner submits that inadvertently the prayer no.3 has been made and the same may be permitted to be deleted from the writ petition during course of the day and prayer nos.4 and 5 may be renumbered. To which there is no objection by the learned A.G.A.

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In view of the above, the petitioner is permitted to delete the prayer no.3 from the writ petition during course of the day and renumber the prayer nos. 4 and 5 accordingly.

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Heard Ms. Vedika Dwivedi, learned counsel for the petitioner and learned A.G.A for the State.

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Learned counsel for the petitioner submits that the petitioner has lodged the FIR dated 31.12.2025 vide Case Crime No.0419 of 2025, under Sections 351 (3), 115 (2), 340 (2), 336(3), 338, 318(4) 319(2) BNS, 2023, Police Station Wazirganj, District Gonda but till date the investigation has not been made by the police, whereas the offences are heinous in nature and ten years punishment has been provided under the B.N.S., 2023, therefore, the investigation is liable to be transferred.

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CRLP No. 1259 of 2026

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¶16

Learned A.G.A on the basis of instructions submits that the FIR was lodged on 31.12.2025 on account of civil dispute, therefore, the documents are being verified by the police under Section 94 of the B.N.S.S, 2023 and the accused are also being searched and the investigation shall be completed expeditiously.

¶17

Learned A.G.A submits that the representation does not disclose even a single instance of any laxity on the part of the investigating agency. He further submits that the ground for transfer of the investigation is highly misconceived and not tenable because the investigation cannot be transferred on the ground that offences are heinous in nature and ten years punishment has been provided under the B.N.S., 2023 when the investigating agency is making out all efforts to investigate the case and complete the investigation expeditiously.

¶18

Having considered the submissions made by learned counsel for the parties and gone through the record, we find that the FIR has been lodged vide Case Crime No.0419 of 2025, under Sections 351 (3), 115 (2), 340 (2), 336(3), 338, 318(4) 319(2) BNS, Police Station Wazirganj, District Gonda and according to the learned A.G.A, the investigation is going on and the documents are being verified and simultaneously the accused are also being searched and the investigation shall be completed expeditiously.

¶19

The petitioner has made representation to several authorities i.e. the District Magistrate, Gonda, S.D.M., Gonda, Superintendent of Police, Gonda and the S.H.O., Wazeerganj, district Gonda, which have been annexed as Annexure No.3 to the writ petition.All are cyclostyled copy of same representations, which have been sent to the said authorities

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CRLP No. 1259 of 2026

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writing their names by pen but it has not been disclosed as to how these representations have been sent. Even otherwise the representations are dated 29.01.2026 and this writ petition has been filed on 05.02.2026 even without waiting for one week after receipt.

¶23

From perusal of the representation, we also find that only allegation is that despite registration of the FIR, the investigation conducted by the local police is highly biased as well as influenced and no effective steps have been taken to collect material evidence, examine witnesses or arrest the accused person. It has further been alleged that the applicant has approached the SHO and the Superintendent of Police but no action has been taken and the accused are continuously harassing the applicant and making pressure on him to withdraw the FIR, failing which, they may kill the applicant. Accordingly a prayer has been made for fair and impartial investigation.

¶24

10.The aforesaid representations do not disclose even a single instance of any harassment and dereliction of duty by the police in conducting the investigation and only general allegations have been levelled without any basis.

¶25

The ground taken by the petitioner for transfer of the investigation is that the offences are heinous in nature and ten years punishment has been provided under the B.N.S., 2023, which is highly misconceived and not tenable. If this ground is accepted, then all the investigations which contain the offences having punishment of ten years or more would have to be transferred from one investigating agency to another investigating agency. It is noticed that the petitioner has not levelled even a single allegation against the investigating Officer in conducting the investigation

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CRLP No. 1259 of 2026

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and only general allegations have been levelled.

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In view of above, the court is of the view that this petition is misconceived and the grounds taken by the petitioner are not tenable. The writ petition lacks merit.

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It is, accordingly dismissed.

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

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February 10, 2026

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Shahnaz

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

Haider Ali v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Haider Ali v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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