The court held that only victims or legal heirs can challenge criminal investigations, reinforcing the principle that a third party lacks standing in criminal proceedings.

JUDGMENT :

1. Heard Sri Kapil Misra, learned counsel for the petitioner and Sri V.K. Singh, learned Government Advocate assisted by Sri Rao Narendra Singh, learned counsel appearing for the State in Criminal Misc. Writ Petition No.4791 of 2025 (hereinafter referred to as “first writ petition”) and Sri Kapil Misra, learned counsel for the petitioner, Sri V.K. Singh, learned Government Advocate assisted by Sri Rao Narendra Singh, learned counsel appearing for the State as well as Sri Naved Ali, learned counsel for opposite party no. 7 in Criminal Misc. Writ Petition No.6047 of 2025 (hereinafter referred to as “second writ petition”).

2. Since the petitioners in both the writ petitions are the same and in his second writ petition, the petitioner has tried to raise an issue as to how the main accused person may have influenced the investigating agency in the first case i.e. Special Task Force (hereinafter referred to as “STF”) inasmuch as according to him, the said main accused with the help of one Journalist has obtained certain secret and/ or confidential documents from the STF by adopting illegal means while the investigation in the first case was being transferred from local police to STF, therefore, he has prayed for transfer of the investigation in both the cases to Central Bureau of Investigation (hereinafter referred to as “CBI”).

3. In view of the above, since the second writ petition is an off-shoot of the first writ petition, both these petitions have been heard together and with the consent of learned counsel for the parties, these writ petitions are being connected and decided by this common order.

4. Main prayer of first writ petition bearing Criminal Misc. Writ Petition No.4791 of 2025 is as under:-

“1. Issue a writ order or direction in the nature of Mandamus commanding the respondents to transfer and entrust of the investigation of FIR dated 07.01.2021 registered as Case Crime No.15 of 2021 u/s 120-B, 302, 307, 34 I.P.C. at P.S. Vibhuti Khand District Lucknow to Central Bureau of Investigation and further direct the respondent No.5 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time. (Annexure No. 1).”

5. Main prayer of second writ petition bearing Criminal Misc. Writ Petition No.6047 of 2025 is as under:-

“1. Issue, a writ order or direction in the nature of Mandamus commanding the respondents to transfer and entrust of the investigation of FIR registered as Case Crime No. 445 of 2020 u/s 5 & of Official Secret Act, 1923 at P.S. Vibhuti Khand District Lucknow to Central Bureau of Investigation and further direct the respondent No.5 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time. (Annexure No. 1).”

6. Notably, in both the writ petitions, writs of mandamus have been prayed seeking to transfer and entrust the investigation of both the FIRs bearing (i) Case Crime No.0015 of 2021, under Sections 120 -B, 302, 307 & 34 IPC , Police Station- Vibhuti Khand, District- Lucknow and (ii) Case Crime No.445 of 2020, under Section 5 (2) of Official Secrets Act, 1923, Police Station- Vibhuti Khand, District- Lucknow, to the Central Bureau of Investigation (hereinafter referred to as “CBI”) and CBI be directed to carry out speedy and expeditious investigation in the aforesaid cases, therefore, it is amply clear that writ of certiorari has not been prayed in both the writ petitions assailing any FIR or consequential proceedings.

7. At the very outset, since the learned Government Advocate as we