Allahabad High Court
RAHUL YADAV AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge‑sheet has been filed and the challenge must be made in the appropriate criminal forum.
Summary
The petitioners, Rahul Yadav and another, filed a criminal miscellaneous writ petition challenging the FIR registered under Sections 318(4), 316(2) and 351(2) of the Indian Penal Code in Crime No. 335 of 2024. No petitioner appeared before the Court, while the State was represented by Additional Government Advocate Anand Vikram Singh. The police had already filed a charge‑sheet after completing its investigation, as confirmed by the Director General of Police's Legal Cell. The Court held that any grievance regarding the charge‑sheet must be raised in the appropriate criminal proceeding and 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
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge‑sheet.
- Whether the High Court has jurisdiction to quash the FIR in the present circumstances.
Legislation cited
- Indian Penal Code — s. 316, 318, 351
Subjects
- writ petition
- FIR
- charge sheet
- Indian Penal Code
- criminal procedure
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21042 of 2024
Rahul Yadav And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mandvi Tripathi, Santosh Tripathi
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. 335 of 2024, under Sections 318(4), 316(2), 351(2) BNS, Charge
Sheet No. nil, P.S. Madhuban Bapudham, District Ghaziabad, 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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