Allahabad High Court
PRAMOD KUMARversusSTATE 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 made in the appropriate criminal proceeding.
Summary
The petitioner, Pramod Kumar, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 176 of 2025, which alleged his involvement under Sections 69, 191(2), 115(2) and 351(3) of the Indian Penal Code. No petitioner counsel appeared before the court, while 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. It held that any challenge to the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court dismissed the petition and ordered it to be consigned to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a police charge sheet filed under the IPC
- Whether the High Court can entertain a petition questioning the FIR and charge sheet in the absence of petitioner representation
Legislation cited
- Indian Penal Code — s. 115(2), 191(2), 351(3), 69
Subjects
- Criminal Procedure
- Writ Petition
- Charge Sheet
- FIR
- Jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21032 of 2025
Pramod Kumar
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nikhil Kumar, Vagish Yadav
Counsel for Respondent(s) : Anjum Parveen, G.A., Mohammad Nasir
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. 176 of 2025, under Sections 69, 191(2), 115(2), 351(3) BNS,
Charge Sheet No. A-293, P.S. Barra, District Dakshini (Commissionerate
Kanpur 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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