X Complainant of Case Crime No. 0031/2026 P.S. Pihari Distt. Hardoi v. State of U.P. Thru. Prin. Secy. Ministry Home Lko. and 3 Others

Allahabad HC26 Feb 2026CRLP/1763/2026

Case brief

AI extract

What is this about?

Transfer of investigation; F.I.R. No. 0031/2026; Sections 87, 137(2) BNSS 2023; corresponding Sections 363, 366 IPC; Police Station Pihani; District Hardoi; fair and impartial investigation; arrest of accused; periodical progress report; final report No. 07/26 dated 02.02.2026; Sections 180 and 183 BNSS 2023; supervisory authority; writ of mandamus; representation to Superintendent of Police; Criminal Misc. Writ Petition 1763 of 2026; disposed of with liberty.

What did the court decide?

Petition disposed of with liberty to the petitioner to approach the supervisory authority for redressal of his grievance (to be considered by that authority in accordance with law), and further liberty to approach the concerned court in case occasion arises. ¶¶18

X Complainant of Case Crime No. 0031/2026 P.S. Pihari Distt. Hardoi vs State of U.P. Thru. Prin. Secy. Ministry Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the investigation of F.I.R. No. 0031/2026 (Sections 87, 137(2) BNSS; corresponding Sections 363, 366 IPC), Police Station Pihani, District Hardoi should be transferred to another police station of District Hardoi so that it is conducted in a fair and impartial manner and the accused named in the FIR (opposite party no.4) is arrested. +1 more

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Court's answer

Since the final report in the matter had already been forwarded to the supervisory authority, the petition was disposed of with liberty to the petitioner to approach the supervisory authority for redressal of his grievance as raised in the present petition.

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Ratio / Principle

Any grievance raised by the petitioner before the concerned authority shall be considered by that authority in accordance with law while proceeding further in the matter.

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Key takeaways

Liberty is reserved to the petitioner to approach the concerned court, in case occasion arises.ratio¶¶18

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 1763 of 2026 (High Court of Judicature at Allahabad, Lucknow Bench; Rajnish Kumar and Zafeer Ahmad, JJ.; decided February 26, 2026): The complainant of F.I.R. No. 0031/2026 under Sections 87, 137(2) BNSS (corresponding Sections 363, 366 IPC), Police Station Pihani, District Hardoi, prayed for (i) transfer of the investigation to another police station of the district for a fair and impartial investigation and arrest of the accused named in the FIR, and (ii) periodical progress reports. Learned AGA submitted that after investigation and recording of the victim's statements under Sections 180 and 183 of BNSS 2023, final report No. 07/26 had been forwarded to the supervisory authority on 02.02.2026; petitioner's counsel alleged the victim was kept at the police station for about 10 days without lawful authority and that his representation to the Superintendent of Police had not been decided. Observing that the final report had already gone to the supervisory authority, the Court disposed of the petition with liberty to the petitioner to raise his grievance before the supervisory authority, to be considered by it in accordance with law, and with liberty to approach the concerned court if occasion arises.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 1763 of 2026

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X Complainant Of Case Crime No. 0031/2026 P.S. Pihari Distt. Hardoi

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.....Petitioner(s)

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Versus

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

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.....Respondent(s)

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Counsel for Petitioner(s) : Chandra Bhanu Singh, Rajesh Kumar Gupta 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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Heard Sri Rajesh Kumar Gupta, learned counsel for the petitioner and learned AGA.

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2. This petition has been filed with the following prayer:-

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"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.2 to transfer the investigation of F.I.R. No.0031/2026 under Sections 87, 137(2) BNSS(Corresponding Sections 363, 366 IPC), Police Station Pihani, District Hardoi before any other police station of District Hardoi so investigation of F.I.R. No.0031/2026 under Sections 87, 137(2) BNSS(Corresponding Sections 363, 366 IPC), Police Station Pihani, District Hardoi be conducted in fair and impartial manner and the accused persons i.e. opposite party no.4 named in the FIR be arrested. (ii) Issue a writ, order or direction in the nature of mandamus call for periodical progress report of F.I.R. No.0031/2026 under Sections 87, 137(2) BNSS(Corresponding Sections 363, 366 IPC), Police Station Pihani, District Hardoi."

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Learned AGA, on the basis of instructions, submits that the petition is misconceived and not tenable in the eyes of law for the reason that after investigation and recording of the statement of the victim under Section 180 and 183 of BNSS 2023, the final report No.07/26 has been forwarded on 02.02.2026 to the supervisory authority, therefore, if the petitioner has any grievance, he may approach the said authority in accordance with law.

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CRLP No. 1763 of 2026

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Learned counsel for the petitioner submits that the victim was kept at the police station for about 10 days without any lawful authority. He further submits that after returning to the petitioner, the victim had told him as to what happened with her, therefore, the petitioner has given representation to the Superintendent of Police but no decision has been taken thereon.

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In view of above and since the final report in the matter has already been forwarded to the supervisory authority, the petition is disposed of with liberty to the petitioner to approach to the supervisory authority, for redressal of his grievance, as raised in the present petition. In case any such grievance is raised before the concerned authority, the same shall be considered by him in accordance with law, while proceeding further in matter. However, liberty is granted to the petitioner to approach to the concerned court, in case occasion arises.

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

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February 26, 2026

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Akanksha Sri/-

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

X Complainant of Case Crime No. 0031/2026 P.S. Pihari Distt. Hardoi v. State of U.P. Thru. Prin. Secy. Ministry Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

X Complainant of Case Crime No. 0031/2026 P.S. Pihari Distt. Hardoi v. State of U.P. Thru. Prin. Secy. Ministry Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Parties & counsel

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