Allahabad High Court
RAHUL KUMARversusState of UP AND 2 OTHERS
- Decided
Holding
The charge sheet filed by the police is not amenable to challenge by a writ petition; the matter must be raised in the appropriate criminal proceeding.
Summary
The petitioner, Rahul Kumar, filed a criminal miscellaneous writ petition challenging the FIR and the charge sheet filed in Crime No. 366 of 2024 (Sections 331(4), 305(a), 62 BNS) by the Saharanpur Police. No petitioner appeared before the court, while the State was represented by Additional Government Advocate Anand Vikram Singh. The court noted that the charge sheet had already been filed after police investigation 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 and dismissed it with liberty to the petitioner to approach the proper forum. The petition was ordered to be consigned to the records.
Issues considered
- The appropriateness of entertaining a writ petition to challenge an FIR and charge sheet after the charge sheet has been filed
- Whether the High Court has jurisdiction to entertain the petition in lieu of the pending criminal trial
Legislation cited
- Indian Penal Code — s. 305(a), 331(4)
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21236 of 2024
Rahul Kumar
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avinash Pandey
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. 366 of 2024, under Sections 331(4), 305(a), 62 BNS, Charge Sheet
No. 320/24, P.S. Behat, District Saharanpur, 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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