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Allahabad High Court

MOHARRAM ALIAS ALI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the charge sheet has been filed and any challenge must be raised in the appropriate criminal proceeding.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and the filing of a charge sheet (chargesheet no. A-383/24) in Crime No.0465 of 2024, which alleged their involvement under several sections of the B.N.S. Act. No petitioner counsel 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 after completing its investigation, and that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not via a writ petition. Consequently, the Court declined to entertain the petition further. The petition was dismissed and consigned to the records.

Issues considered

  • Whether the writ petition is the appropriate forum to challenge the FIR and the charge sheet filed under the B.N.S. Act
  • Whether the Court should entertain a petition seeking quash of the FIR/charge sheet in the absence of petitioner representation

Legislation cited

  • B.N.S. Act — s. 110, 115(2), 191(2), 308(6), 333, 351(2), 352

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 14871 of 2024

                                    Moharram Alias Ali And 2 Others
                                                                                                                        .....Petitioner(s)
                                                                                    Versus

                                    State Of U.P. And 3 Others
                                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)                   : Chandra Bhushan Mishra,                          Prem
                                                                                  Shanker Mishra
                                    Counsel for Respondent(s)                   : Avdhesh Kumar, G.A.

                                    Court No. - 1
                                                            HON'BLE AJIT KUMAR, J.
                                                            HON'BLE INDRAJEET SHUKLA, J.

                                    . 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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