Allahabad High Court
YOGENDRA YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition; the appropriate remedy lies in the regular criminal proceedings, and the petition is dismissed.
Summary
The petitioners, Yogendra Yadav, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 177 of 2025 under Sections 329(3) of the BNS and Sections 2, 3, 5 of the Prevention of Damages of Public Property Act, 1984. The High Court noted that the charge sheet had already been filed by the police after completing their investigation and that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. The court observed that the petitioners had not appeared before the court and that the matter was already before the appropriate forum. Consequently, the court declined to entertain the writ petition and dismissed it with liberty to approach the proper forum. The petition was dismissed and consigned to the records.
Issues considered
- Whether a criminal miscellaneous writ petition is the appropriate remedy to challenge a charge sheet filed under the Prevention of Damages of Public Property Act, 1984.
- Whether the High Court can entertain the petition in the absence of the petitioner's representation.
Legislation cited
- Prevention of Damages of Public Property Act, 1984 — s. 2, 3, 5
Subjects
- criminal procedure
- writ petition
- charge sheet
- FIR
- public property
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21118 of 2025
Yogendra Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Singh
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. 177 of 2025, under Sections 329(3) BNS and Sections 2, 3, 5
Prevention of Damages of Public Property Act, 1984, Charge Sheet No. A-
217/25, P.S. Nagra, District Ballia, 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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