Allahabad High Court
MANU KUMARI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court held that the charge‑sheet, having been filed, can be challenged only in the appropriate criminal forum and therefore dismissed the writ petition.
Summary
Manu Kumari and three others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR and charge‑sheet filed in Crime No. 195 of 2025 under Sections 137(2) and 61(2). No petitioner appeared before the court, while the State’s Additional Government Advocate was present. 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 proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to approach the proper forum. The petition was ordered to be consigned to the records.
Issues considered
- Whether a writ petition under Article 226 can be entertained to question the filing of a charge‑sheet in a criminal case.
- Whether the High Court has jurisdiction to intervene in the pendency of a criminal charge‑sheet already filed by the police.
Legislation cited
- Indian Evidence Act, 1872 — s. 61(2)
- Indian Penal Code — s. 137(2)
Subjects
- writ petition
- criminal procedure
- charge sheet
- FIR
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21132 of 2025
Manu Kumari And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pritam Das
Counsel for Respondent(s) : G.A., Mrityunjay 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. 195 of 2025, under Sections 137(2), 61(2) BNS, Charge Sheet No.
203/25, P.S. Lodha, District Aligarh, 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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