Allahabad High Court
YOGANDER AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The charge sheet cannot be questioned by a writ petition; the petition must be pursued in the appropriate criminal forum.
Summary
The petitioners sought a writ challenging the FIR and charge sheet filed in Crime No. 0214 of 2025 under Sections 85, 109 and 115(2) of the Criminal Procedure 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 petitioners' involvement. The Court held that any grievance regarding the charge sheet must be raised 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 remedy to challenge a charge sheet filed under the Criminal Procedure Code
- Whether the court can entertain a petition when the petitioners are absent and the charge sheet is already filed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109, 115(2), 85
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- Jurisdiction
- Appropriate Forum
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21016 of 2025
Yogander And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Singh
Counsel for Respondent(s) : Ashok Kumar Singh, 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. 0214 of 2025, under Sections 85, 109, 115(2) BNS, Charge Sheet
No. 209/25, P.S. Bahadurgarh, District Hapur, 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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