Allahabad High Court
RAJKUMAR AND 3 OTHERSversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The High Court dismissed the writ petition, holding that the charge sheet can be questioned only in the appropriate criminal forum and not by this writ.
Summary
Petitioners Rajkumar and three others filed a criminal miscellaneous writ petition challenging the FIR and charge sheet in Crime No. 383 of 2025, which alleged offences under Sections 61(2)(a), 111, 318(4), 336(3), 338 and 340(2) of the Indian Penal Code. No petitioner appeared before the court, while the State was represented by the Additional Government Advocate. The police had already filed a charge sheet after completing its investigation, and the court was asked to entertain the writ. The High Court observed that the charge sheet, once filed, can be contested only in the appropriate criminal proceeding and not through a writ petition. Consequently, the court declined to grant any further indulgence and dismissed the petition, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to quash or challenge a charge sheet already filed by the police
- Whether the High Court has jurisdiction to interfere with the criminal investigation at the stage of charge sheet filing
Legislation cited
- Indian Penal Code — s. 111, 318(4), 336(3), 338, 340(2), 61(2)(a)
Subjects
- writ petition
- criminal procedure
- FIR
- charge sheet
- jurisdiction
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21180 of 2025
Rajkumar And 3 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Tomar
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. 383 of 2025, under Sections 61(2)(a), 111, 318(4), 336(3), 338,
340(2) BNS, Charge Sheet No. 429/25, P.S. Sadar Bazar, District
Saharanpur, 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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