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Allahabad High Court

MANGE RAMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The charge sheet filed by the police cannot be challenged by a writ petition; the petition is dismissed.

Summary

The petitioner, Mange Ram, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0385 of 2025, which alleged offences under Sections 318(4), 316(2), 115(2), 352 and 351(3) of the Indian Penal Code. No petitioner appeared before the Court, while the State was represented by an Additional Government Advocate. The police had already filed a charge sheet after completing its investigation, indicating the petitioner's involvement. The Court observed 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 further and dismissed it, consigning it to the records.

Issues considered

  • Whether a writ petition can be entertained to challenge a charge sheet already filed by the police
  • Whether the petitioner has any locus standi to contest the FIR and charge sheet in a writ proceeding

Legislation cited

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21010 of 2025

                                    Mange Ram
                                                                                                     .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Mahendra Kumar Yadav, Ravindra Kumar
                                                                           Yadav, Sandeep Kumar Yadav
                                    Counsel for Respondent(s)          :   Atul Kumar Kushwaha, 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. 0385 of 2025, under Sections 318(4), 316(2), 115(2), 352, 351(3)
                                    BNS, Charge Sheet No. 383/25, P.S. Nai Mandi, District Muzaffar 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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