Allahabad High Court
MUKHIYA GURJAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The charge sheet cannot be challenged by a writ petition and must be contested in the appropriate criminal forum.
Summary
The petitioners sought a writ to quash the First Information Report and charge sheet filed in Crime No. 254 of 2025, alleging their involvement in offences under various IPC sections. No petitioner appeared before the Court, while the State was represented by an Additional Government Advocate. The Court noted that the charge sheet had already been filed by the police after completing their 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 approach the proper forum.
Issues considered
- The appropriateness of invoking a writ petition to challenge a police charge sheet filed under the IPC.
- Whether the High Court has jurisdiction to entertain the petition in the absence of petitioner representation.
Legislation cited
- Indian Penal Code — s. 191, 308, 318, 324, 329, 338, 351, 352
Subjects
- writ petition
- charge sheet
- criminal procedure
- jurisdiction
- First Information Report
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21212 of 2025
Mukhiya Gurjar And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Adesh Kumar, Barkha Chaudhary
Counsel for Respondent(s) : G.A., Jay Singh Yadav
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. 254 of 2025, under Sections 308(5), 191(2), 352, 351(2), 318(4),
338, 324(4), 329(1) BNS, Charge Sheet No. 313/25, P.S. Parikshitgarh,
District Meerut, 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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