Allahabad High Court
RADHAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge‑sheet has been filed and any challenge must be made in the appropriate criminal forum.
Summary
The petitioner, Radha, filed a criminal miscellaneous writ petition challenging the FIR (Crime No. 0367 of 2024) that alleged her involvement in offences under Sections 352, 115(2), 333, 109, 118(2) and 191(1) of the Indian Penal Code. No petitioner counsel appeared before the Court, while the State was represented by an Additional Government Advocate. The Court noted that the police had already filed a charge‑sheet after completing its investigation. It held that any challenge to the charge‑sheet must be raised in the appropriate criminal proceeding rather than through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to quash an FIR after a charge‑sheet has been filed
- Whether the High Court has jurisdiction to entertain the petition in view of the pending criminal proceedings
Legislation cited
- Indian Penal Code — s. 109, 115(2), 118(2), 191(1), 333, 352
Subjects
- criminal procedure
- FIR
- writ petition
- charge sheet
- jurisdiction
- quash
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21276 of 2025
Radha
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Adhar Yadav, Satendra Kumar
Counsel for Respondent(s) : G.A., Manoj Kumar Mishra
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. 0367 of 2024, under Sections 352, 115(2), 333, 109, 118(2), 191(1)
BNS, Charge Sheet No. 09/25, P.S. Rampur Maniharan, District Saharanpur,
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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