Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.