Allahabad High Court
BUNTI @ JITENDRA AND 14 OTHERSversusState of U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has already been filed and any challenge must be made in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 514 of 2024, which involved alleged offences under Sections 191(2), 115(2), 352, 351(2) and 125 of the Indian Penal Code. The petition sought relief against the FIR and the subsequent charge sheet, arguing that the matter should be examined in a different forum. The State, represented by an Additional Government Advocate, submitted that the charge sheet had already been filed after police investigation. The Court observed that once a charge sheet is filed, the proper avenue for contesting the allegations is the criminal trial, not a writ petition. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to quash an FIR or charge sheet after the charge sheet has been filed
- Whether the appropriate forum for challenging the charge sheet is a criminal trial rather than a writ jurisdiction
Legislation cited
- Indian Penal Code — s. 115(2), 125, 191(2), 351(2), 352
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- jurisdiction
- quash
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21204 of 2024
Bunti @ Jitendra And 14 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Sharma, Prashant Sharma
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. 514 of 2024, under Sections 191(2), 115(2), 352, 351(2), 125 BNS,
Charge Sheet No. nil, P.S. Sikandararao, District Hathras, 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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