Avan Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2026) — LawSathi Research

Avan Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: notices to respondents no. 5 to 8 dispensed with (para 9); AGA's statement on investigation status recorded (para 15); petitioner granted liberty to apply for compensation under the Rule, 1995 before the competent authority within a week along with a certified copy of the order, with a direction that upon such application the competent authority shall consider it as per Rules and pass a reasoned and speaking order within four weeks of receipt of the certified copy (para 16). No monetary amount fixed.

Issue for consideration

Whether a mandamus should issue commanding the respondents to ensure fair investigation of FIR bearing Case Crime No. 10 of 2026 lodged at Police Station Jagatpur, District Raebareli, including direction to respondent no. 3 to produce the complete case diary and relevant investigation records and to transfer the investigation to a competent authority. +1 more

Court's answer

On the fair-investigation prayer, the Court merely recorded the learned AGA's statement that Section 110 of BNS, 2023 had been dropped after lodging of the FIR, a chargesheet dated 05.03.2026 had been submitted against three accused (Ramdev, Kusuma and Antima), and investigation remained pending against Neeraj Patel with an undertaking to complete it within the BNSS, 2023 time frame; no adjudication on the fairness of the investigation is recorded.

Ratio / Principle

So far as compensation under the Rule, 1995 is concerned, it was left open to the petitioner to apply for the same in accordance with law before the competent authority within a week along with a certified copy of the order.

Key takeaways

In case such an application is filed, the competent authority is directed to consider the application for grant of compensation as per Rules and pass a reasoned and speaking order thereon within four weeks from receipt of the certified copy of the order.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin and Pramod Kumar Srivastava, JJ.; decision dated April 20, 2026) disposed of Criminal Misc. Writ Petition No. 3378 of 2026 filed by Avan Kumar seeking mandamus for fair investigation of FIR Case Crime No. 10 of 2026 (under Sections 115(2), 352, 74, 110 of BNS, 2023; Sections 3(1)(d), 3(1)(g), 3(2)(v) of SC/ST Act, 1989; Sections 66 and 67 of the IT Act, 2000) at Police Station Jagatpur, District Raebareli, along with production of the case diary, transfer of investigation and payment of compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rule, 1995. The Court recorded the AGA's statement that Section 110 of BNS, 2023 was dropped after lodging of the FIR, a chargesheet dated 05.03.2026 was submitted against three accused, namely Ramdev, Kusuma and Antima, and investigation remains pending against Neeraj Patel, with the State's undertaking to complete it within the time prescribed under the BNSS, 2023. On compensation, the petitioner was permitted to apply under the Rule, 1995 before the competent authority within a week along with a certified copy of the order, and the competent authority was directed to consider such application as per Rules and pass a reasoned and speaking order within four weeks of its receipt.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 3378 of 2026

Avan Kumar

.....Petitioner(s)

Versus State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Counsel for Petitioner(s) : Avinash Singh Vishen, Nishant Pandey, Shishir Raj Counsel for Respondent(s) : G.A.

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

Heard learned counsel for the petitioner and learned Additional Government Advocate for the State-respondents no. 1 to 4.

In view of the order proposed to be passed, notices to respondents no. 5 to 8 are hereby dispensed with.

The instant petition has been filed praying for a mandamus commanding the respondents to ensure the fair investigation of FIR bearing Case Crime No. 10 of 2026, under Sections 115(2), 352, 74, 110 of BNS, 2023 and Sections 3(1)(d), 3(1)(g), 3(2)(v) of SC/ST Act, 1989 and Sections 66 and 67 of the IT Act, 2000, at Police Station Jagatpur, District Raebareli. The further prayer is for direction to respondent no. 3 to produce the complete case diary and all relevant investigation records of the aforesaid FIR and to transfer the investigation to a competent authority, as well as to pay the rightful compensation to the petitioner as per mandate of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rule, 1995.

At the very outset learned AGA states, on the basis of instructions sent by Sri Surendra Pratap Singh, Sub Inspector, Police Station Jagatpur, District Raebareli on 15.04.2026, that subsequent to lodging of the said FIR, Section 110 of BNS, 2023 has been dropped. Learned AGA further states that a chargesheet dated 05.03.2026 has been submitted before the concerned court against three accused,

CRLP No. 3378 of 2026

2

namely, Ramdev, Kusuma and Antima and investigation is pending against the accused, namely, Neeraj Patel. She further states that the endeavour would be made to complete the investigation against Neeraj Patel within the time frame, as prescribed under the BNSS, 2023.

The aforesaid statement is recorded.

So far as the compensation under the Rule, 1995 is concerned, it would be open for the petitioner to apply for the same in accordance with law before the competent authority within a week alongwith a certified copy of this order. In case, such an application is filed, the competent authority shall proceed to consider the said application for grant of compensation as per Rules and pass a reasoned and speaking order thereon within a period of four weeks from the date of receipt of a certified copy of this order.

The instant petition is, accordingly, disposed of.

April 20, 2026

kkv/

(Pramod Kumar Srivastava,J.) (Abdul Moin,J.)

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench