Allahabad High Court
NAROTTAM DAS PATELversusSTATE OF UP AND 5 OTHERS
- Decided
Holding
The charge sheet filed under Section 137(2) of the CrPC cannot be challenged by a writ petition and must be contested in the appropriate criminal forum.
Summary
The petitioner, Narottam Das Patel, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0077 of 2025 under Section 137(2) of the Criminal Procedure Code. The petition was filed despite the petitioner’s absence, and the State was represented by an Additional Government Advocate. The High Court noted that the charge sheet had already been filed by the police after completing their investigation and that any challenge to it 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. The petition was consigned to the records with liberty to approach the appropriate forum for any further relief.
Issues considered
- Whether a writ petition is the appropriate remedy to challenge a charge sheet filed under Section 137(2) of the CrPC
- Whether the High Court can entertain the petition in the absence of the petitioner
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2)
Subjects
- FIR
- charge sheet
- writ petition
- CrPC
- jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21119 of 2025
Narottam Das Patel
.....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ray Sahab 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. 0077 of 2025, under Sections 137(2) BNS, Charge Sheet No. CS-
128/25, P.S. Erach, District Jhansi, 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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