Allahabad High Court
SMT. NEHAversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet can be contested only in the appropriate criminal proceeding, not through a writ petition.
Summary
The petitioner, Smt. Neha, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0087 of 2025, which involved offences under several sections of the Indian Penal Code. The petition sought to question the first information report and the subsequent charge sheet filed by the police. The State, represented by an Additional Government Advocate, submitted that the charge sheet had already been filed after the police completed their investigation. The Court observed that any challenge to the charge sheet must be raised in the appropriate criminal proceeding rather than through a writ petition. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records.
Issues considered
- The appropriateness of invoking a writ petition to challenge a police‑filed charge sheet and FIR.
- Whether the High Court has jurisdiction to entertain such a criminal miscellaneous writ in lieu of the regular criminal trial process.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2), 351(2), 352
Subjects
- criminal procedure
- writ petition
- charge sheet
- first information report
- jurisdiction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21214 of 2025
Smt. Neha
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ilma Naz, Kanhaiya Lal, Mohammed
Iftekhar
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. 0087 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2),
352, 351(2) BNS, Charge Sheet No. A-455, P.S. Sidhari, District Azamgarh,
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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