Allahabad High Court
SHAHID ALIAS SADIQ AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition cannot be used to contest a charge sheet; such challenges must be raised in the appropriate criminal forum.
Summary
The petitioners, Shahid alias Sadiq and another, filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (chargesheet no. A-383/24) filed in Crime No.0465 of 2024 under several sections of the BNS. No petitioner appeared before the court, while the State’s Additional Government Advocate was present. The court noted that the police had already filed a charge sheet after completing its investigation and found the petitioners’ involvement. It held that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through this writ petition. Consequently, the court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to challenge the filing of a charge sheet under the BNS provisions
- Whether the court should entertain the petition in the absence of petitioner’s representation
Legislation cited
- BNS — s. 110, 115(2), 191(2), 308(6), 333, 351(2), 352
Subjects
- writ petition
- charge sheet
- criminal procedure
- section 191
- section 115
- section 352
- section 351
- section 333
- section 110
- section 308
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14065 of 2024
Shahid Alias Sadiq And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satish Kumar, Subhash Chandra
Mishra
Counsel for Respondent(s) : Avdhesh Kumar, G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. List is being revised.
2. This writ petition questions the first information report in connection with Case
Crime No.0465 of 2024, under Sections 191(2), 115 (2), 352, 351(2), 333, 110, 308(6)
of BNS, however, nobody is present on behalf of the petitioners to press the writ
petition, however, learned AGA for the State is present.
3. Office has submitted following report:
"It is most humbly submitted that as per report submitted by the Legal Cell, O/o Director
General of Police, Uttar Pradesh, chargesheet no.A-383/24 has been filed.
Therefore, In view of above, the case is put up for order before Hon'ble Court."
4. In view of the fact that charge sheet in the case has already been submitted by the
police after collecting evidence at its level finding petitioners' involvement in the
offence complained of, in our considered view it would be appropriate that the charge
sheet so filed may be questioned in an appropriate proceeding at appropriate forum.
5. Accordingly, we decline to grant any further indulgence in the matter.
6. Petition is, accordingly dismissed, consigned to records with aforesaid liberty.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 14, 2026
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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