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Allahabad High Court

GAURAV GUPTA AND ANOTHERversusState of UP AND 2 OTHERS

Decided

Holding

The court directed that the charge sheet be filed by way of an affidavit.

Summary

The petitioners, Gaurav Gupta and another, filed a criminal miscellaneous writ petition challenging the non‑submission of a charge sheet in the case. The petitioner’s counsel 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 counsel sought to verify its actual filing. The Court ordered that the Assistant Government Advocate file the charge sheet by means of an affidavit. The matter was listed for further hearing on 7 May 2026. The interim order, if any, was directed to continue until the next listing date.

Issues considered

  • Whether the charge sheet has been filed as per the information received from the Legal Cell, O/o Director General of Police, U.P.?

Subjects

  • Criminal Procedure Code
  • Charge Sheet
  • Writ Petition
  • Police
  • Interim Order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 21482 of 2024

                                    Gaurav Gupta And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of Up And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Shishir Kumar Tiwari
                                    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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