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Allahabad High Court

NANDKESH MISHRA AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court held that the charge sheet, having been filed, can only be contested in the appropriate criminal proceeding and therefore dismissed the writ petition.

Summary

The petitioners, Nandkesh Mishra and three others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR and charge sheet filed in Crime No. 0020 of 2025 under Sections 85, 80(2), 352 of the Indian Penal Code and Sections 3 and 4 of the Dangerous Drugs and Psychotropic Substances Act. The petition was presented without any petitioner appearing, 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 and that any challenge to the charge sheet must be raised in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition and dismissed it, directing that the matter be dealt with in the regular trial court. The petition was consigned to the records with liberty to approach the appropriate forum.

Issues considered

  • Can a writ petition be entertained to challenge an FIR and charge sheet when the charge sheet has already been filed?
  • Is the appropriate forum for questioning the charge sheet the criminal trial court rather than a writ jurisdiction?
  • Does the absence of petitioners before the court affect the maintainability of the writ petition?

Legislation cited

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • Allahabad High Court
  • dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 21281 of 2025

                                    Nandkesh Mishra And 3 Others
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Rajesh Kumar Dubey
                                    Counsel for Respondent(s)                    :   G.A., Janardan Yadav

                                    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. 0020 of 2025, under Sections 85, 80(2), 352 BNS and 3/4 D.P. Act,
                                    Charge Sheet No. A-69/25, P.S. Chiraia Kot, District Mau, 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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