Allahabad High Court
RAMESH PRAJAPATI AND 3 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The High Court held that the charge sheet had been duly filed and any challenge to it must be made in the appropriate criminal proceeding, thereby dismissing the writ petition.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0348 of 2024 under Sections 87, 352 and 351(2) of the Indian Penal Code. No petitioner appeared before the court, while an Additional Government Advocate represented the State. The court noted that the charge sheet had already been filed by the police after completing its investigation and that any challenge to the charge sheet must be raised in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition and dismissed it with liberty to approach the proper forum. The petition was consigned to the records.
Issues considered
- Whether a writ petition can be entertained to challenge a charge sheet that has already been filed
- Whether the High Court has jurisdiction to quash the FIR/charge sheet in a criminal matter at this stage
Legislation cited
- Indian Penal Code — s. 351(2), 352, 87
Subjects
- writ petition
- charge sheet
- FIR
- criminal procedure
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21054 of 2024
Ramesh Prajapati And 3 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Yadav
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. 0348 of 2024, under Sections 87, 352, 351(2) BNS, Charge Sheet
No. CS-18, P.S. Kotwali, 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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