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Allahabad High Court

SANJAY ALIAS SANJU PATERIAversusSTATE OF UP AND 3 OTHERS

Decided

Holding

A charge sheet filed by the police can be challenged only in the appropriate criminal proceeding, not through a writ petition.

Summary

The petitioner, Sanjay Alias Sanju Pateria, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet (Crime No. 232 of 2025) under several sections of the SC/ST (Prevention of Atrocities) Act. The petition sought to quash the charge sheet on the ground that the FIR was improper. No petitioner counsel appeared before the Court, while the State was represented by the Additional Government Advocate. The Court noted that the charge sheet had already been filed by the police after completing its investigation and that any challenge to it must be made in the appropriate criminal proceeding. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records.

Issues considered

  • Whether a writ petition is the appropriate forum to challenge a charge sheet filed under the SC/ST (Prevention of Atrocities) Act

Legislation cited

Subjects

  • writ petition
  • charge sheet
  • SC/ST Act
  • criminal procedure
  • dismissal
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21029 of 2025

                                    Sanjay Alias Sanju Pateria
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of Up And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Vikash Chandra Tiwari
                                    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. 232 of 2025, under Sections 74, 352, 351(3) BNS, 3(2)(Va),
                                    3(1)(Da), 3(1)(Dha) SC/ST Act, Charge Sheet No. 282/25, P.S. Barua Sagar,
                                    District Jhansi, 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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