Allahabad High Court
SMT SAPNA AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The Court ordered the filing of the charge sheet by affidavit.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking compliance with the filing of a charge sheet. The High Court noted that the Legal Cell of the Director General of Police, U.P., had sent information that a charge sheet had been filed, but the petitioner's counsel sought verification of its submission. The Court directed that the Assistant Government Advocate file the charge sheet by way of an affidavit. The matter was listed for further hearing on 7 May 2026, and any interim orders would remain in force until the next listing. The order reflects the Court's emphasis on ensuring that the statutory requirement of filing a charge sheet under criminal procedure is fulfilled.
Issues considered
- Whether the charge sheet has been filed as per statutory requirement
- Whether the petitioner is entitled to an order directing filing of the charge sheet by affidavit
Subjects
- criminal procedure
- charge sheet
- interim order
- writ petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21448 of 2024
Smt Sapna And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Despite the fact that an information has been sent by the Legal Cell,
O/o Director General of Police, U.P., that a charge sheet has been filed,
learned counsel for the petitioner stated that he would verify if the charge
sheet had been submitted in the case.
2. List this case on 7.5.2026.
3. Learned AGA to file the charge sheet by means of an affidavit.
4. Interim order, if any, shall continue till the next date of listing.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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