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
- Dangerous Drugs and Psychotropic Substances Act — s. 3, 4
- Indian Penal Code — s. 352, 80(2), 85
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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