Mehboob vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Mehboob vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only; final prayer for mandamus not decided at this stage. The Circle Officer of the concerned police circle and the Investigating Officer were directed to appear in person before the Court with the original case diary on 10.04.2026; the writ petition was to be listed fresh before the appropriate Bench on 10.04.2026; the matter was not to be treated as tied up or part heard to this Bench; and any assignment stood discharged.

Issue for consideration

Whether a writ of mandamus should issue commanding respondents 2 and 3 to conduct a free, fair and impartial investigation of Case Crime No. 315 of 2025 (Sections 137(2), 87, 351(2) BNS, Police Station Etmaddaula, District Agra, FIR dated 13.10.2025). +1 more

Ratio / Principle

The Court expressed dissatisfaction with the manner in which the Investigating Officer had proceeded with the matter and passed a direction concerning the Circle Officer of the concerned police circle and the Investigating Officer.

Key takeaways

The Circle Officer of the concerned police circle and the Investigating Officer were directed to appear in person before the Court along with the original case diary on 10.04.2026.ratio¶¶19
The writ petition was directed to be put up as fresh before the appropriate Bench on 10.04.2026.ratio¶¶20
The matter shall not be treated as tied up or part heard to this Bench.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra and Chawan Prakash, JJ.), order dated April 3, 2026, Criminal Misc. Writ Petition No. 7273 of 2026, Mehboob v. State of U.P. and 3 Others: the writ petitioner, himself the first informant, sought a writ of mandamus commanding respondents 2 and 3 to conduct a free, fair and impartial investigation of Case Crime No. 315 of 2025 under Sections 137(2), 87, 351(2) BNS, Police Station Etmaddaula, District Agra, arising out of an FIR dated 13.10.2025. Counsel for the petitioner submitted that more than five and a half months had elapsed without the investigation being brought to its logical end and that the accused had not been arrested; the learned AGA stated that the prosecutrix had been recovered but the accused could not be arrested till date. Expressing dissatisfaction with the manner in which the Investigating Officer had proceeded, the Court directed the Circle Officer of the concerned police circle and the Investigating Officer to appear in person before the Court along with the original case diary on 10.04.2026, listed the petition as fresh before the appropriate Bench on that date, clarified that the matter shall not be treated as tied up or part heard to that Bench, and discharged any existing assignment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 7273 of 2026

Mehboob

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Rajesh Kumar Gautam
Counsel for Respondent(s)	: G.A.

Court No. - 49

HON'BLE RAJEEV MISRA, J. HON'BLE CHAWAN PRAKASH, J.

Heard Mr. Rajesh Kumar Gautam, the learned counsel for petitioner and the learned AGA representing State-respondent 1, 2 and 3.

Perused the record.

Petitioner, Mahboob, has approached this court by means of present criminal misc. writ petition for a writ of mandamus commanding respondents 2 and 3 to conduct free, fair and impartial investigation of Case Crime No. 315 of 2025, under Sections 137(2), 87, 351(2) BNS, Police Station Etmaddaula, District Agra, arising out of the FIR dated 13.10.2025 lodged by first informant-Mahboob i.e. writ petitioner.

Learned counsel for petitioner in support of present writ petition submits that though an FIR was lodged by petitioner on 13.10.2025 and a period of more than five and half months has elapsed yet investigation of concerned case crime number has not been brought to its logical end. The accused has not been arrested till date.

When confronted with above, the learned AGA representing Staterespondents 1, 2 and 3 contends that the prosecutrix has been recovered. However, the accused could not be arrested till date.

In view of above, we are dissatisfied with the manner in which the Investigating Officer has proceeded with the matter. Accordingly, we direct that the Circle Officer of concerned police circle and the

CRLP No. 7273 of 2026

2

Investigating Officer shall appear in person before this Court along with original case diary on10.04.2026.

Put up this writ petition as fresh before appropriate Bench on 10.04.2026 .

Matter shall not be treated as tied up or part heard to this Bench.

Assignment, if any, stands discharged.

(Chawan Prakash,J.) (Rajeev Misra,J.)

April 3, 2026 Prajapati RK

Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad