Allahabad High Court
VIJAY SHANKAR BIND @ VIJAY SHANKARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition is not the proper forum to contest a charge sheet; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0256 of 2025, which alleged their involvement under various IPC and D.P. Act provisions. No petitioner appeared before the court, while the State was represented by an Additional Government Advocate. The court noted that the police had already filed a charge sheet after completing its investigation. It held that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to the petitioners to approach the proper forum.
Issues considered
- Whether a writ petition is the appropriate remedy to challenge a police‑filed charge sheet under criminal law
Legislation cited
- Bombay Narcotic Substances Act
- Dangerous Drugs and Psychotropic Substances Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 80, 85
Subjects
- charge sheet
- writ petition
- criminal procedure
- dismissal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21208 of 2025
Vijay Shankar Bind @ Vijay Shankar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhaskar Bind, Shyam Bahadur
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. 0256 of 2025, under Sections 80, 85, 115(2), 352, 351(3) BNS and
3/4 D.P. Act, Charge Sheet No. 300, P.S. Jigna, District Mirzapur, 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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