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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


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