Dismissed¶18

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

Allahabad HC15 Apr 2026CRLP/8138/2026

Case brief

AI extract

What is this about?

Writ of mandamus for fair and proper investigation refused; criminal misc. writ petition dismissed as misconceived where final report/police report under Section 173(2) Cr.P.C. dated 20.02.2024 was already forwarded after Chapter-XII Cr.P.C. investigation. Keywords: mandamus, fair investigation, final report, police report, Section 173(2) Cr.P.C., Chapter-XII Cr.P.C., Sections 420 and 406 IPC, Case Crime No. 0139 of 2023, FIR dated 22.08.2023, Police Station Raniya, District Kanpur Dehat, first informant-petitioner, misconceived writ petition, Allahabad High Court, Rajeev Misra J., Padam Narain Mishra J., decided 06.05.2026.

What did the court decide?

None ¶18

Rakesh vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 8138 of 2026

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Rakesh

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.....Petitioner(s)

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	Versus
State Of U.P. And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Akansha Verma, Deepak Kumar Verma
Counsel for Respondent(s)	: G.A.

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Court No. - 49

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HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J.

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Heard Mr. Deepak Kumar Verma, the learned counsel for petitioner and the learned A.G.A. for State-respondents 1, 2 and 3.

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Perused the record.

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Petitioner-Rakesh has approached this Court by means of present criminal misc. writ petition for a writ of mandamus commanding respondents 2 & 3 to conduct fair and proper investigation of Case Crime No. 0139 of 2023, under Sections 420, 406 IPC, Police Station-Raniya, District-Kanpur Dehat arising out of FIR dated 22.08.2023 lodged by first informant-Rakesh i.e. writ petitioner.

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On the matter being taken up, the learned A.G.A. for State-respondents 1, 2 and 3 submits that during pendency of present writ petition, Investigating Officer, upon completion of statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C. has already forwarded the final report/police report dated 20.02.2024 in terms of Section 173(2) Cr.P.C. As such, present writ petition is wholly 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, 2 and 3, upon perusal of record and considering the

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CRLP No. 8138 of 2026

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objections raised by the learned A.G.A. in opposition to present writ petition, we find that present writ petition is wholly misconceived as prior to the filing of present writ petition, the final report/police report had already been forwarded by the Investigating Officer.

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As a result, present writ petition fails and is liable to be dismissed.

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It is, accordingly, dismissed .

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May 6, 2026

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Vinay

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(Padam Narain Mishra,J.) (Rajeev Misra,J.)

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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