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Allahabad High Court

GOVIND AND 3 OTHERSversusState of UP AND 2 OTHERS

Decided

Holding

The charge‑sheet already filed by the police precludes the writ petition, and the petition is dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR lodged in Crime No.103 of 2024, which alleged offences under Sections 85, 115(2), 352, 351(3) of the BNS Act and Sections 3 and 4 of the D.P. Act. No petitioner appeared before the court, though the State's Additional Government Advocate was present. The court noted that the police had already filed a charge‑sheet (CS‑1198/10/24) after completing its investigation and finding the petitioners' involvement. The court held that any dispute over the charge‑sheet should be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition further and dismissed it, consigning it to the records.

Issues considered

  • Whether the FIR in Crime No.103 of 2024 can be challenged through a criminal miscellaneous writ petition
  • Whether the filing of a charge‑sheet by the police precludes further relief in the writ petition

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • dismissal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 14092 of 2024

                                    Govind And 3 Others
                                                                                                                        .....Petitioner(s)
                                                                                    Versus

                                    State Of Up And 2 Others
                                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)                                      :      Anil Kumar Bind
                                    Counsel for Respondent(s)                                      :      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.103 of 2024, under Sections 85, 115(2), 352, 351(3) of BNS and Section
                                    3/4 D.P.Act, 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.CS-1198/10/24 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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