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Allahabad High Court

SMT. RADHA AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The charge sheet, having been filed by the police, can only be contested in the appropriate criminal trial, and the writ petition is dismissed.

Summary

The petitioners, Smt. Radha and five others, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 289 of 2025, which involved sections 191(2), 331(6), 351(3) and 137(2) of the Criminal Procedure Code. No petitioner appeared before the Court; only the Additional Government Advocate for the State was present. The Court noted that the charge sheet had already been filed by the police after completing their 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 writ and dismissed the petition, consigning it to the records. The order was pronounced on 23 April 2026 by Judges Ajit Kumar and Indrajeet Shukla.

Issues considered

  • Whether a criminal miscellaneous writ petition is the proper forum to challenge a charge sheet filed under the Criminal Procedure Code.
  • Whether the High Court can entertain a writ petition when the petitioners are absent and the charge sheet is already filed.

Legislation cited

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21243 of 2025

                                    Smt. Radha And 5 Others
                                                                                                     .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Rahul Saxena
                                    Counsel for Respondent(s)          :   G.A., Nitesh Kumar Singh, Rabindra
                                                                           Tiwari

                                    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. 289 of 2025, under Sections 191(2), 331(6), 351(3), 137(2) BNS,
                                    Charge Sheet No. 205/25, P.S. Barkhera, District Pilibhit, 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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