Allahabad High Court
X MINORversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A charge sheet filed by the police cannot be challenged by a writ petition; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioners, represented by counsel, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 331 of 2025, which alleged their involvement under Sections 69, 351(3) of the Indian Penal Code and Section 67 of the Information Technology Act. 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 its investigation. 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 further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed by the police under the IPC and IT Act
- Whether the court can entertain a criminal miscellaneous writ petition when the petitioner is absent
Legislation cited
- Indian Penal Code — s. 351(3), 69
- Information Technology Act — s. 67
Subjects
- writ petition
- criminal procedure
- charge sheet
- Indian Penal Code
- Information Technology Act
- jurisdiction
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21108 of 2025
X Minor
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Abbas Shaukat Abidi, Syed Ahmed
Faizan, Zaheer Asghar
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. 331 of 2025, under Sections 69, 351(3) BNS and Section 67 IT Act,
Charge Sheet No. A-318/25, P.S. Muhammadabad, District Mau, 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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