Allahabad High Court
KRISHNA SHUKLA ALIAS GOLO SHUKLAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been filed and the appropriate remedy lies in the criminal trial forum.
Summary
Krishna Shukla alias Golo Shukla filed a criminal miscellaneous writ petition (No. 21133 of 2025) before the Allahabad High Court challenging the FIR and charge sheet filed in Crime No. 300 of 2025, which alleged his involvement under several IPC sections. 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 its 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 further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to challenge a charge sheet already filed under the IPC.
- Whether the High Court has jurisdiction to quash the FIR or charge sheet in a criminal matter at this stage.
- Whether the petitioner’s remedy lies in a criminal trial rather than a writ jurisdiction.
Legislation cited
- Indian Penal Code — s. 109(1), 131, 191(2), 191(3), 3(5), 351(3), 352, 61(2)
Subjects
- writ petition
- charge sheet
- FIR
- Indian Penal Code
- criminal procedure
- high court jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21133 of 2025
Krishna Shukla Alias Golo Shukla
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradip Kumar Shukla
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. 300 of 2025, under Sections 191(3), 191(2), 3(5), 131, 61(2),
109(1), 351(3), 352 BNS, Charge Sheet No. A-331/25, P.S. Govind Nagar,
District Kanpur Nagar, 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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