Allahabad High Court
SMT KAJAL DEVI AND ANOTHERversusState of UP 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 trial.
Summary
The petitioners, Smt Kajal Devi and another, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0513 of 2024, which alleged their involvement under Sections 87, 352 and 351(2) of the Indian Penal Code. The petition sought judicial intervention to quash the charge sheet, arguing that the FIR and subsequent investigation were improper. The High 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. The court held that the writ jurisdiction was not available for such a purpose and that the petitioners had not appeared to press their case. Consequently, the petition was dismissed and consigned to the records.
Issues considered
- Whether a criminal miscellaneous writ petition is the proper forum to challenge a charge sheet filed by the police.
- Whether the High Court can intervene to quash the charge sheet under the circumstances.
Legislation cited
- Indian Penal Code — s. 351(2), 352, 87
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- FIR
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21256 of 2024
Smt Kajal Devi And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Singh, Rohit Singh
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. 0513 of 2024, under Sections 87, 352, 351(2) BNS, Charge Sheet
No. B-190, P.S. Akbarpur, District Kanpur Dehat, 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
Checking your session…