Allahabad High Court
SACHINversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition; the petition is dismissed.
Summary
The petitioner, Sachin, filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0087 of 2025 under Sections 316(5), 317(4) and 61(2) of the Criminal Procedure Code. No petitioner appeared before the court, but the State was represented by an Additional Government Advocate. The court noted that the charge sheet had already been filed by the police after completing their investigation and that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not by a writ. Consequently, the court declined to entertain the petition further and dismissed it, consigning it to the records. The decision rests on the principle that writ jurisdiction is not available for questioning a duly filed charge sheet.
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
Legislation cited
- Code of Criminal Procedure, 1973 — s. 316(5), 317(4), 61(2)
Subjects
- Criminal Procedure
- Writ Petition
- Charge Sheet
- FIR
- High Court Jurisdiction
- Procedural Law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21300 of 2025
Sachin
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Irshad Ahmad
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. 0087 of 2025, under Sections 316(5), 317(4), 61(2) BNS, Charge
Sheet No. 150.25, P.S. Nakhasa, District Sambhal, 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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