Allahabad High Court
VIKRAM SINGH BHADAURIAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The 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 petitioner, Vikram Singh Bhadauria, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet in Crime No. 0348 of 2025, which alleged his involvement under Sections 115(2), 351(3) and 352 of the Indian Penal 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 and that any challenge to the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the writ and dismissed the petition, consigning it to the records. The decision underscores the principle that writ jurisdiction is not available to contest a charge sheet once filed, and such matters should be pursued in the regular trial court.
Issues considered
- Whether a writ petition can be entertained to challenge a charge sheet already filed under the Indian Penal Code.
- Whether the appropriate forum for contesting the charge sheet is a criminal trial rather than a writ jurisdiction.
Legislation cited
- Indian Penal Code — s. 115(2), 351(3), 352
Subjects
- writ petition
- criminal procedure
- charge sheet
- jurisdiction
- Indian Penal Code
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21295 of 2025
Vikram Singh Bhadauria
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashwani Kumar Mishra, Ratnendu Kumar
Singh
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. 0348 of 2025, under Sections 115(2), 351(3), 352 BNS, Charge
Sheet No. 334/25, P.S. Sachendi, District Kanpur Nagar, 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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