Allahabad High Court
DEEPAK CHAUHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition cannot be used to contest a charge sheet once it has been filed; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioner, Deepak Chauhan, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet (Crime No. 0860 of 2025) under Sections 310(2), 115(2), 352 and 351(2) 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 their investigation and that any challenge to it must be made in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition and dismissed it, consigning it to the records. The decision underscores that writ jurisdiction is not the proper forum to contest a charge sheet once filed.
Issues considered
- What is the appropriate forum for challenging a charge sheet filed by the police?
- Does the High Court have jurisdiction to entertain a writ petition questioning a charge sheet already filed?
Legislation cited
- Indian Penal Code — s. 115(2), 310(2), 351(2), 352
Subjects
- criminal procedure
- charge sheet
- writ petition
- jurisdiction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21273 of 2025
Deepak Chauhan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Bajpayee
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. 0860 of 2025, under Sections 310(2), 115(2), 352 & 351(2) BNS,
Charge Sheet No. A-857/25, P.S. Robertsganj, District Sonebhadra, 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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