Allahabad High Court
VINAY @ VIJAY SINGH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition cannot be used to contest a police charge sheet; such challenges must be raised in the proper criminal trial proceedings.
Summary
The petitioners Vinay @ Vijay Singh and another filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0263 of 2025, which alleged their involvement under Sections 85, 115(2), 352, 80(2) of the Indian Penal Code and Sections 3/4 of the Dangerous Drugs Act. 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 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 dismissed the petition and consigned it to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed by the police under the IPC and D.P. Act
Legislation cited
- Dangerous Drugs Act — s. 3, 4
- Indian Penal Code — s. 115(2), 352, 80(2), 85
Subjects
- criminal procedure
- writ petition
- charge sheet
- dismissal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21221 of 2025
Vinay @ Vijay Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Prabodh Dubey, Naushad Alam
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. 0263 of 2025, under Sections 85, 115(2), 352, 80(2) BNS & Section
3/4 D.P. Act, Charge Sheet No. 87/25, P.S. Thakurdwara, District Moradabad,
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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