Allahabad High Court
SMT. PRACHI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court held that the charge sheet cannot be challenged by a writ petition and dismissed the petition.
Summary
The petitioners, Smt. Prachi and another, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 533 of 2025 under Section 87 of the Criminal Procedure Code. 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 and that any challenge to it should be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it. The petition was consigned to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed under Section 87 of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 87
Subjects
- Criminal Procedure
- Writ Petition
- Charge Sheet
- Section 87
- High Court
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21143 of 2025
Smt. Prachi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Narayan Pandey
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. 533 of 2025, under Sections 87 BNS, Charge Sheet No. 163/25,
P.S. Baghpat, District Baghpat, 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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