Allahabad High Court
AMIT VERMAversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
A writ petition cannot be used to contest a charge sheet; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioner, Amit Verma, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0354 of 2025, which alleged his involvement under Sections 316(2), 318(4), 352 and 351(3) of the Indian Penal Code. No petitioner counsel appeared before the court, while the State was represented by an Additional Government Advocate. The police had already filed the charge sheet after completing its investigation. The Court 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 charge sheet filed by the police under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 316(2), 318(4), 351(3), 352
Subjects
- criminal procedure
- charge sheet
- writ petition
- jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21006 of 2025
Amit Verma
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikram Bahadur Yadav
Counsel for Respondent(s) : Abhishek Tiwari, G.A., Santosh Singh
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. 0354 of 2025, under Sections 316(2), 318(4), 352, 351(3) BNS,
Charge Sheet No. 320/25, P.S. Rawatpur, District Kanpur Nagar, 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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