Allahabad High Court
VAIBHAVI SRIVASTAVA ALIAS GARIMA AND 4 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition; the petition is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 0432 of 2024, which alleged their involvement under Sections 80(2) & 85 of the Indian Penal Code and Sections 3/4 of the Delhi Police Act. 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 challenge to the charge sheet must be made 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.
Issues considered
- Whether a writ petition can be used to challenge a charge sheet already filed by the police
- Whether the court has jurisdiction to entertain the petition in the absence of petitioner representation
Legislation cited
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 80(2), 85
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- jurisdiction
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21307 of 2024
Vaibhavi Srivastava Alias Garima And 4 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajatshatru Singh, Anuj Mishra
Counsel for Respondent(s) : Dharmendra Kumar, G.A., Raj Kumar
Tripathi
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. 0432 of 2024, under Sections 80(2) & 85 BNS and 3/4 D.P. Act,
Charge Sheet No. A-14/25, P.S. Jhunsi, District Prayagraj, 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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