Allahabad High Court
RAM NAIN YADAV AND 3 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The High Court dismissed the writ petition, holding that the charge sheet must be contested in the appropriate criminal proceeding, not by a writ.
Summary
Ram Nain Yadav and three others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR and charge sheet filed in Crime No. 627 of 2024 under Sections 85, 115(2), 351(3) of the B.N.S. Act and Sections 3/4 of the D.P. Act. No petitioner appeared before the Court; only the State’s Additional Government Advocate was present. The Office of the Director General of Police submitted a report confirming that a charge sheet (No. 524/24) had already been filed after collecting evidence. The Court observed that the filing of a charge sheet is a matter for the criminal trial and that any challenge to it must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed by the police
- Whether the High Court has jurisdiction to quash the FIR or charge sheet in the present circumstances
Legislation cited
- B.N.S. Act — s. 115(2), 351(3), 85
- D.P. Act — s. 3, 4
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21215 of 2024
Ram Nain Yadav And 3 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Yadav
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. 627 of 2024, under Sections 85, 115(2), 351(3) BNS and 3/4 D.P.
Act, Charge Sheet No. 524/24, P.S. Khorbar, District Gorakhpur, 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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