Allahabad High Court
MOHD. RAFI AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge sheet filed by the police is not amenable to challenge by a writ petition and must be contested in the appropriate criminal forum.
Summary
The petitioners sought a writ challenging the filing of a charge sheet in Crime No. 49 of 2025, alleging improprieties in the FIR and investigation under various IPC and D.P. Act provisions. No petitioner appeared before the court, while the State was represented by an Additional Government Advocate. The court noted that the police had already filed a charge sheet after completing its investigation, finding the petitioners' involvement. It held that any challenge to the charge sheet must be made 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
- The appropriateness of invoking a writ petition to challenge a police charge sheet filed under Sections 85, 115(2), 352, 351(3) of the IPC and provisions of the D.P. Act
- Whether the High Court has jurisdiction to entertain the writ in the absence of petitioner representation
Legislation cited
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 85
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21033 of 2025
Mohd. Rafi And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajneesh Tripathi
Counsel for Respondent(s) : G.A., Mohammad Danish
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. 49 of 2025, under Sections 85, 115(2), 352, 351(3), 64 BNS and
3/4 D.P. Act, Charge Sheet No. CS-50/25, P.S. Mahila Thana, 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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