Allahabad High Court
SMT. VIMLESH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been filed and any challenge must be raised in the appropriate criminal forum.
Summary
Smt. Vimlesh and another filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 199 of 2025 under Sections 87 BNS. The petition was presented without any petitioner appearing before the court, while the State was represented by an Additional Government Advocate. The High Court observed that the charge sheet had already been filed by the police after completing its investigation and that any challenge to it must be made in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition and dismissed it with liberty to approach the proper forum. The petition was consigned to the records.
Issues considered
- Whether a writ petition challenging a charge sheet can be entertained when the charge sheet has already been filed
- Whether the High Court can entertain the petition in lieu of the appropriate criminal proceeding
Subjects
- writ petition
- charge sheet
- criminal procedure
- dismissal
- appropriate forum
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21227 of 2025
Smt. Vimlesh And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul 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. 199 of 2025, under Sections 87 BNS, Charge Sheet No. FR-42,
P.S. Jarif Nagar, District Budaun, 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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