Allahabad High Court
PARMJEET SINGH AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The charge sheet, having been filed by the police, can only be challenged in the appropriate criminal trial, and the writ petition is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 333 of 2024, which alleged offences under several sections of the Indian Penal Code and a Uttar Pradesh minor minerals rule. The petition sought judicial intervention to quash the charge sheet, arguing that the police had already filed it after completing their investigation. The High Court noted that the charge sheet had been duly filed by the police and that any challenge to it must be raised in the appropriate criminal proceeding, not through a writ petition. The court observed that the petitioners were not present to argue their case, and the State was represented by an Additional Government Advocate. Consequently, the court declined to entertain the writ and dismissed the petition, directing that the matter be dealt with in the regular trial court. The petition was dismissed and consigned to the records.
Issues considered
- Whether a writ petition under Article 226 can be entertained to quash a charge sheet already filed by the police
- Whether the High Court has jurisdiction to interfere with the criminal investigation process at the stage of charge sheet filing
Legislation cited
- Indian Penal Code — s. 109, 121(2), 132, 191(2), 351(2), 352
- U.P. Minor Minerals (Concession) Rule, 2021
Subjects
- criminal procedure
- writ petition
- charge sheet
- jurisdiction
- FIR
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21290 of 2024
Parmjeet Singh And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hemant Kumar
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. 333 of 2024, under Sections 191(2), 121(2), 132, 109, 352, 351(2)
BNS and 3(1), 58 U.P. Minor Minerals(Concession) Rule, 2021, Charge Sheet
No. A-357/25, P.S. Manjhanpur, District Kaushambi, 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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