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Allahabad High Court

RAMU PANDIT @ RAM PATHAK AND ANOTHERversusThe State of U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed; the charge‑sheet filed by the police cannot be challenged by a writ petition and must be contested in the appropriate criminal trial.

Summary

The petitioners Ramu Pandit and another filed a criminal miscellaneous writ petition challenging the filing of a charge‑sheet in Crime No. 0328 of 2024, which arose from an FIR under IPC sections 109, 190, 191(2) and 191(3). The petition sought to quash the FIR/charge‑sheet on the ground that the police had not properly investigated. The High Court noted that the police had already filed a charge‑sheet after completing its investigation and that any challenge to the charge‑sheet must be made in the appropriate criminal proceeding, not by a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to approach the proper forum. The petition was therefore dismissed and consigned to the records.

Issues considered

  • Whether a writ petition under Article 226 can be entertained to quash an FIR or a charge‑sheet filed by the police.
  • Whether the High Court has jurisdiction to interfere with the filing of a charge‑sheet when the police investigation is complete.

Legislation cited

Subjects

  • Criminal Procedure
  • FIR
  • Charge Sheet
  • Writ Petition
  • High Court
  • Jurisdiction
  • Dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21229 of 2024

                                    Ramu Pandit @ Ram Pathak And Another
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    The State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Rajesh Kumar Bind
                                    Counsel for Respondent(s)                :   S. Kamal Akhtar Khan, 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. 0328 of 2024, under Sections 109, 191(2), 191(3), 190, 3(5) BNS,
                                    Charge Sheet No. nil, P.S. Hathras Kotwali, District Hathras, 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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