Allahabad High Court
NARGISH AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
A criminal miscellaneous writ petition is not the appropriate remedy to contest a charge‑sheet; such challenges must be raised in the criminal trial itself.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a charge‑sheet in Crime No. 0119 of 2025 under Section 137(2) of the Code of Criminal Procedure. They sought to quash the FIR and the charge‑sheet on the ground that the police had not properly investigated. The State, represented by the Additional Government Advocate, submitted that the charge‑sheet had already been filed after due investigation. The High Court observed that once a charge‑sheet is filed, any grievance regarding its contents must be raised in the appropriate criminal trial, not through a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to approach the proper forum. The order was recorded on 23 April 2026.
Issues considered
- Whether a criminal miscellaneous writ petition is the appropriate forum to challenge a charge‑sheet filed under Section 137(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2)
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- High Court
- dismissal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21007 of 2025
Nargish And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Byas Kumar Prasad, Manish Kumar Singh
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. 0119 of 2025, under Sections 137(2) BNS, Charge Sheet No.
233/20, P.S. Balauni, District Baghpat, 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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