Allahabad High Court
ARUN YADAV @ MONUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court held that the charge sheet is a matter for the appropriate criminal proceeding and not within the jurisdiction of a writ petition, and therefore dismissed the petition.
Summary
The petitioner, Arun Yadav, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet (Crime No. 218 of 2025) under Sections 316(2), 318(4), 351(2) and 351(3) of the Indian Penal Code. No petitioner counsel 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 and that any challenge to it must be made in the appropriate criminal forum. Consequently, the court declined to entertain the writ 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 question a charge sheet filed by the police under the IPC.
- Whether the High Court has jurisdiction to intervene at the stage of charge sheet filing in a criminal case.
Legislation cited
- Indian Penal Code — s. 316(2), 318(4), 351(2), 351(3)
Subjects
- criminal procedure
- charge sheet
- writ petition
- jurisdiction
- IPC
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21121 of 2025
Arun Yadav @ Monu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Srivastava, Shriyansh
Gomala, Uday Singh Patel
Counsel for Respondent(s) : G.A., Varinder Singh
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. 218 of 2025, under Sections 316(2), 318(4), 351(2), 351(3) BNS,
Charge Sheet No. 275/25, P.S. Bhagatpur, District Moradabad, 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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