Allahabad High Court
GURMEET KAUR @ HEENA AND 2 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
The charge sheet, having been filed by the police, can only be contested in the appropriate criminal trial, and the writ petition is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0649 of 2024, which involved Sections 115(2), 109(1) of the Criminal Procedure Code and Section 76 of the Indian Penal Code. No petitioner appeared before the court, but the State was represented by an Additional Government Advocate. The court noted that the charge sheet had already been filed by the police after completing their investigation and that any challenge to it must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition further. The petition was dismissed and consigned to the records. The decision underscores that writ jurisdiction is not available for questioning a duly filed charge sheet.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed under the Criminal Procedure Code.
- Whether the court can entertain a petition challenging the FIR and charge sheet in the absence of petitioner representation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109(1), 115(2)
- Indian Penal Code — s. 76
Subjects
- writ petition
- FIR
- charge sheet
- Criminal Procedure Code
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21025 of 2024
Gurmeet Kaur @ Heena And 2 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Shankar Mishra, Rupendra Kumar
Mishra
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. 0649 of 2024, under Sections 115(2), 109(1), 76 BNS, Charge
Sheet No. 641, P.S. Katghar, District Moradabad, 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
Checking your session…