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
- Indian Penal Code — s. 115(2), 316(2), 318(4), 351(3), 352
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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