Allahabad High Court
CRLP/17483/2020 of NIRMAL KUMAR JAIN Vs STATE OF U.P. AND 5 OTHERS on 7 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17483 of 2020 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Randhir Jain, the learned counsel for petitioner and the learned AGA representing the State/respondents 1, 2, 3, 4, 5, 6. 2. Perused the
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17483 of 2020
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
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1. Heard Mr. Randhir Jain, the learned counsel for petitioner and the learned AGA representing the State/respondents 1, 2, 3, 4, 5, 6.
2. Perused the record.
3. Petitioner- Nirmal Kumar Jain has approached this Court by means of the present criminal misc. writ petition for a writ of mandamus commanding the State/respondents to transfer Case Crime Number 670 of 2017 under Sections 457 and 360 I.P.C.. Police Station-Govindpur, District-Mathura and Case Crime No. 32 of 2019 under Sections 457, 380 and 511, Police Station- Govindpur, District-Mathura to the Central Bureau of Investigation.
4. In view of the fact that a substantial period has expired from the date of the lodging of the FIRs giving rise to aforementioned Case Crime Numbers, we are of the view that the statutory investigation of aforementioned Case Crime Number must have been brought to its logical end.
5. At this juncture, the learned counsel for petitioner fairly submits that after completion of investigation of aforementioned Case Crime Number, police report/ final report has been submitted.
6. In view of above, the learned A.G.A. representing State/respondents 1 to 6 submits that in case petitioner is dis-satisfied by the police report submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. after completion of statutory investigation under Chapter XII Cr.P.C. then by reason of law laid down by Apex Court in the case of Bhagwant Singh Vs. Versus Counsel for Petitioner(s) : Aruna Jain, Randhir Jain Counsel for Respondent(s) : G.A. Nirmal Kumar Jain .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
Commissioner of Police and another, (1985) 2 SCC 537, remedy lies to petitioner to file a protest petition.
7. In view of above, the present writ petition fails and is liable to be dismissed as having been rendered infructuous.
8. It is accordingly dismissed as having been rendered infructuous.
9. Interim order, if any, granted earlier shall stand vacated. October 8, 2026 YK CRLP No. 17483 of 2020 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad