Allahabad High Court
SONU YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the challenge to the charge sheet must be made in the appropriate criminal forum, not through a writ petition.
Summary
The petitioner, Sonu Yadav, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0313 of 2025, which alleged his involvement under several sections of the Indian Penal Code. 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 forum and 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 can be entertained to quash an FIR and charge sheet after the charge sheet has been filed
- Whether the High Court has jurisdiction to entertain such a petition or the matter should be addressed in a regular criminal proceeding
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
Subjects
- writ petition
- quash FIR
- charge sheet
- jurisdiction
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21240 of 2025
Sonu Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devraj Rajvedi
Counsel for Respondent(s) : G.A., Ramesh Kumar Dwivedi
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. 0313 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2)
BNS, Charge Sheet No. A-09/26, P.S. Sarai Inayat, District Prayagraj,
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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