Allahabad High Court
AMAR SINGH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet can only be contested in the appropriate criminal proceeding, not by a writ petition.
Summary
The petitioners, Amar Singh and two others, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0183 of 2025 under various sections of the Indian Penal Code. No petitioner appeared before the Court, while the State was represented by Additional Government Advocate Anand Vikram Singh. The Office of the Director General of Police submitted a report confirming that a charge sheet (No. 184/25) had been filed after collecting evidence. The Court held that any challenge to the charge sheet must be made in the appropriate criminal proceeding and not through a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to approach the proper forum.
Issues considered
- Whether a writ petition is the appropriate remedy to challenge a charge sheet filed under the Indian Penal Code
- Whether the High Court has jurisdiction to entertain the petition in the absence of petitioner representation
Legislation cited
- Indian Penal Code — s. 115(2), 316(2), 318(4), 351(2), 352, 61(2) BNS, 64(2)(f), 75(2)
Subjects
- writ petition
- charge sheet
- FIR
- Indian Penal Code
- criminal procedure
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21200 of 2025
Amar Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Verma
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. 0183 of 2025, under Sections 318(4), 316(2), 64(2)(f), 352, 115(2),
75(2), 351(2), 61(2) BNS, Charge Sheet No. 184/25, P.S. Mainather, District
Moradabad, 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
Checking your session…