Allahabad High Court
MANISH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge sheet, having been filed, can only be challenged in the appropriate criminal proceeding and not through a writ petition.
Summary
Manish and two others filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 402 of 2025 under Section 316(2) of the Indian Penal Code. No petitioner appeared before the court, while the State was represented by an Additional Government Advocate. The High Court observed that the charge sheet had already been filed after the police completed its investigation, and any grievance regarding it 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. The petition was consigned to the records.
Issues considered
- Whether a writ petition can be entertained to challenge an FIR or charge sheet after the charge sheet has been filed
- Whether the High Court has jurisdiction to quash the charge sheet in a criminal miscellaneous writ petition
Legislation cited
- Indian Penal Code — s. 316(2)
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21088 of 2025
Manish And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jagadish Prasad 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. 402 of 2025, under Sections 316(2) BNS, Charge Sheet No. A-400,
P.S. Sidhari, District Azamgarh, 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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