Allahabad High Court
DILEEP KUMAR AND 4 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been filed and any challenge must be made in the appropriate criminal forum.
Summary
The petitioners sought a writ to quash the First Information Report and charge sheet filed in Crime No. 0216 of 2025, which alleged their involvement under various IPC sections and the D.P. 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 their 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 and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to quash a charge sheet already filed by the police
- Whether the High Court has jurisdiction to interfere with the criminal investigation process
Legislation cited
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 64, 67, 74, 85
Subjects
- criminal procedure
- writ petition
- charge sheet
- first information report
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21129 of 2025
Dileep Kumar And 4 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Prakash Srivastava
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. 0216 of 2025, under Sections 115(2), 351(3), 85, 64,74, 67 BNS
and Section 3/4 D.P. Act, Charge Sheet No. 171/24, P.S. Nagar, District Basti,
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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