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Allahabad High Court

RAJIT KUMAR @ RAJAT SINGHversusState of UP AND 2 OTHERS

Decided

Holding

The charge sheet filed under Section 137(2) CrPC cannot be challenged by a writ petition and must be contested in the appropriate criminal proceeding.

Summary

The petitioners sought a writ to challenge the filing of a charge sheet in Crime No. 327 of 2024, relating to an FIR under Section 137(2) of the Criminal Procedure Code. No petitioner 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 and 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

  • Whether a writ petition can be entertained to quash a charge sheet filed under Section 137(2) CrPC
  • Whether the appropriate forum for challenging the charge sheet is a criminal trial rather than a writ jurisdiction

Legislation cited

Subjects

  • Criminal Procedure
  • Charge Sheet
  • Section 137(2) CrPC
  • Writ Petition
  • Jurisdiction
  • Dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21058 of 2024

                                    Rajit Kumar @ Rajat Singh
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of Up And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Manoj Kumar Srivastava
                                    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. 327 of 2024, under Sections 137(2) BNS, Charge Sheet No. 4/25,
                                    P.S. Mirzapur, District Shahjahanpur, 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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