Allahabad High Court
KHALID AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition and must be contested in the appropriate criminal proceeding.
Summary
The petitioners, Khalid and another, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 113 of 2025, which alleged their involvement under various IPC sections. No petitioner counsel appeared before the court, while the State was represented by the Additional Government Advocate. The court noted that the charge sheet had already been filed by the police after completing their investigation. It held that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed under the IPC.
- Whether the High Court can entertain a petition when the petitioners' counsel are absent.
Legislation cited
- Indian Penal Code — s. 109, 110, 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21255 of 2025
Khalid And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ritvik Srivastava, Vindhyvasini Dubey
Counsel for Respondent(s) : Diwan Saifullah 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. 113 of 2025, under Sections 191(2), 191(3), 190, 109, 110, 352,
351(2), 351(3) BNS, Charge Sheet No. 130/25, P.S. Falawada, District
Meerut, 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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