Allahabad High Court
SHASHANK @ SHASHANK BIND @ BHOLUversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition is not the appropriate remedy to contest a charge sheet; such challenges must be raised in the proper criminal proceeding.
Summary
The petitioners Shashank @ Shashank Bind @ Bholu filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 442 of 2025 under Sections 137(2) and 87 BNS. No petitioner appeared before the court, while the State was represented by Additional Government Advocate Anand Vikram Singh. 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 a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to approach the proper forum.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a police charge sheet filed under Sections 137(2) and 87 BNS.
Subjects
- writ petition
- charge sheet
- criminal procedure
- Section 137(2)
- Section 87 BNS
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21002 of 2025
Shashank @ Shashank Bind @ Bholu
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Pandey
Counsel for Respondent(s) : G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
List is being revised.
This writ petition questions the first information report in connection with Case
Crime No. 442 of 2025, under Sections 137(2), 87 BNS, Charge Sheet No. A-
265/24, P.S. Sarai Khwaja, District Jaunpur, however, nobody is present on
behalf of the petitioners to press the writ petition, however, Sri Anand Vikram
Singh, learned Additional Government Advocate for the State is present.
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 has been filed.
Therefore, in view of above, the case is put up for order before Hon'ble Court."
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 is questioned in an appropriate
proceeding at appropriate forum.
Accordingly, we decline to grant any further indulgence in the matter.
Petition is accordingly dismissed, consigned to records with aforesaid liberty.
April 23, 2026
v.k. updh.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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