Allahabad High Court
HEMLATA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been filed and the matter must be contested in the appropriate criminal forum.
Summary
The petitioners Hemlata and another filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 223 of 2024, which alleged their involvement under Sections 85, 80 BNS read with Sections 3 and 4 of the D.P. Act. No petitioner appeared before the court, while an Additional Government Advocate represented the State. The police had already filed a charge sheet (No. 842/25) after completing its investigation. The High Court observed that once a charge sheet is filed, any grievance regarding its contents must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to approach the proper forum.
Issues considered
- Whether a writ petition can be entertained to challenge a charge sheet that has already been filed
- Whether the High Court has jurisdiction to interfere with the criminal investigation process at the stage of charge sheet filing
Legislation cited
- D.P. Act — s. 3, 4, 80 BNS, 85
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21252 of 2025
Hemlata And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Bahadur Singh, Suresh Singh
Counsel for Respondent(s) : Dheeraj Kumar Tiwari, G.A., Javed Alam
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. 223 of 2024, under Sections 85, 80 BNS read with Section 3/4 D.P.
Act, Charge Sheet No. 842/25, P.S. Khanpur, District Bulandshahr, 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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