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Allahabad High Court

SONU JAISWAL AND 2 OTHERSversusState of U.P. AND 2 OTHERS

Decided

Holding

A criminal miscellaneous writ petition is not the appropriate remedy to assail a chargesheet; the petition must be dismissed.

Summary

The petitioners, Sonu Jaiswal and two others, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking leave to assail a chargesheet that had been filed against them. They argued that the writ petition was the appropriate vehicle to challenge the chargesheet before a competent court. The respondents, the State of Uttar Pradesh and two others, opposed the petition. The Court held that a writ petition is not the correct remedy for contesting a chargesheet and that the petitioners could pursue other legal remedies available under criminal procedure. Consequently, the writ petition was dismissed, with the Court directing the petitioners to approach the appropriate forum to challenge the chargesheet. The decision was delivered by Hon'ble Justices Ajay Bhanot and Avnish Saxena on 26 February 2026.

Issues considered

  • Whether a criminal miscellaneous writ petition is maintainable for seeking leave to assail a chargesheet
  • Whether the High Court can grant such leave in the present circumstances

Subjects

  • criminal procedure
  • chargesheet
  • writ petition
  • high court
  • legal remedy
  • procedure

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 13285 of 2024

                                    Sonu Jaiswal And 2 Others
                                                                                                 .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           : Hari Keshav, Neeraj Kumar Srivastava,
                                                                          Pankaj Kumar
                                    Counsel for Respondent(s)           : Ashwani Kumar Srivastava, G.A.

                                    Court No. - 49
                                                              HON'BLE AJAY BHANOT, J.
                                                              HON'BLE AVNISH SAXENA, J.

                                    Shri Neeraj Kumar Srivastava, learned counsel for the
                                    petitioners submits that a chargesheet has been filed in the
                                    instant case. The petitioners do not wish to press the writ petition
                                    and seek leave to assail the chargesheet before the competent
                                    court.

                                    The writ petition is accordingly dismissed.

                                    It is always open to the petitioners to avail other legal remedies
                                    against the chargesheet before the competent court as may be
                                    advised.


                                                                            (Avnish Saxena,J.) (Ajay Bhanot,J.)
                                    February 26, 2026
                                    Ashish Tripathi




Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad


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