Allahabad High Court
ABHISHEK GIRIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The charge sheet cannot be challenged by a writ petition; the appropriate remedy lies in the regular criminal trial proceedings.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0217 of 2025, which alleged their involvement under Sections 142, 87, 74 and 61(2) of the Criminal Procedure Code. No petitioner 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 grievance regarding the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to approach the proper forum. The order was recorded on 23 April 2026.
Issues considered
- Whether a writ petition is the proper forum to challenge a charge sheet filed under the Criminal Procedure Code.
- Whether the High Court can entertain a petition when the petitioner is absent and the charge sheet is already filed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 142, 61(2), 74, 87
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- jurisdiction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21290 of 2025
Abhishek Giri
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Khare
Counsel for Respondent(s) : G.A., Riyajuddin Ansari, Roma Seth
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. 0217 of 2025, under Sections 142, 87, 74, 61(2) BNS, Charge
Sheet No. A-357/25, P.S. Jalalpur, District Jaunpur, 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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