Allahabad High Court
RANG BAHADUR @ RAJ BAHADUR AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The charge sheet, having been filed, can only be contested in the appropriate criminal proceeding, and the writ petition is dismissed.
Summary
The petitioners sought a writ to challenge the FIR and charge sheet filed in Crime No. 0129 of 2025, which alleged their involvement under IPC sections 352 and 351(3) BNS and CrPC section 115(2). 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. It held that any grievance regarding the charge sheet must be raised 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 is the appropriate remedy to challenge a charge sheet filed under CrPC and IPC provisions
- Whether the Court can entertain a petition in the absence of the petitioner's representation
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2)
- Indian Penal Code — s. 351(3) BNS, 352
Subjects
- criminal procedure
- writ petition
- charge sheet
- FIR
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21068 of 2025
Rang Bahadur @ Raj Bahadur And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prakash Chandra Gupta
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. 0129 of 2025, under Sections 115(2), 352, 351(3) BNS, Charge
Sheet No. A-171/25, P.S. Baharia, District Ganga Nagar (Commissioinerate
Prayagraj), 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
Checking your session…