The Allahabad High Court has directed the Superintendent of Police (SP), Kaushambi, to file a personal affidavit regarding the current status of an investigation in a case registered under the Bharatiya Nyaya Sanhita (BNS). The order was passed by a Division Bench comprising Justice J.J. Munir and Justice Vinai Kumar Dwivedi while hearing a writ petition seeking a fair and impartial probe.
The petitioner, Shiv Pal Yadav alias Sippal, approached the High Court through a Criminal Misc. Writ Petition seeking directions for a “fair and impartial investigation” in Case Crime No. 0170 of 2024. The case was registered under Section 108 of the Bharatiya Nyaya Sanhita (BNS) at Police Station Pipari, District Kaushambi.
Background and Arguments
The matter involves an ongoing investigation where the petitioner expressed grievances regarding the progress or manner of the probe conducted by the local police. Appearing for the petitioner, counsel Abhay Pratap Singh and Rajneesh Kumar urged the court to intervene to ensure the integrity of the investigative process. On the other hand, the State was represented by the learned Additional Government Advocate (AGA).
Court’s Observations and Analysis
Upon hearing the preliminary arguments, the Court took note of the prayer for an impartial probe. Mr. S.S. Tiwari, the learned AGA, accepted notice on behalf of the State respondents (Respondent Nos. 1, 2, and 3).
Regarding the private respondents (Respondent Nos. 4 to 8), the Court directed that “steps to serve respondent Nos. 4 to 8 shall be taken within three days.”
Crucially, to assess the progress of the case, the Bench sought direct accountability from the district’s police head. The Court observed:
“Let a counter affidavit be filed by the Superintendent of Police, Kaushambi, which shall be his own affidavit reporting on the current status of the investigation.”
Decision of the Court
The Division Bench ordered the matter to be listed for admission on March 23, 2026, directing it to be placed “in the top three cases of the day.”
To ensure immediate compliance, the Court mandated that the order be communicated to the SP Kaushambi through the Chief Judicial Magistrate (CJM), Kaushambi, by the Registrar (Compliance) within 24 hours of the order being passed on March 9, 2026.
Case Details
Case Name: Shiv Pal Yadav Urf Sippal vs. State of U.P. and 7 Others
Case Number: Criminal Misc. Writ Petition No. 1354 of 2026
Bench: Justice J.J. Munir and Justice Vinai Kumar Dwivedi
Dated: March 9, 2026
