Allahabad High Court
MOGEES AND 4 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioners, Mogees and four others, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 384 of 2024, which was based on an FIR under Sections 82(1), 85, 351(2), 115(2) and 352 of the Indian Penal Code. The petition sought judicial intervention to question the charge sheet, but no petitioner appeared before the Court; only the Additional Government Advocate for the State was present. The High 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 pursued in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records. The order was pronounced on 23 April 2026 by Justices Ajit Kumar and Indrajeet Shukla.
Issues considered
- Whether a criminal miscellaneous writ petition is the proper forum to challenge a charge sheet filed under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 115(2), 351(2), 352, 82(1), 85
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- FIR
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21032 of 2024
Mogees And 4 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Joshi
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. 384 of 2024, under Sections 82(1), 85, 351(2), 115(2), 352 BNS,
Charge Sheet No. A-293/25, P.S. Mainather, 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
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