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Allahabad High Court

RAJKUMAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court dismissed the writ petition, holding that challenges to a charge sheet must be made in the appropriate criminal proceeding, not by a writ.

Summary

The petitioners sought a writ to challenge the filing of a charge sheet in Crime No. 285 of 2025, alleging their involvement based on the FIR under Section 108 BNS. No petitioner appeared before the Court, while the State was represented by an Additional Government Advocate. The police had already filed the charge sheet after completing its investigation, and the petitioners had not raised any substantive ground for relief. The Court held that any grievance regarding the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the petition was dismissed and consigned to the records.

Issues considered

  • Whether a writ petition is the proper forum to challenge a charge sheet filed under Section 108 of the Criminal Procedure Code
  • Whether the High Court can entertain a petition when the petitioners are absent

Legislation cited

Subjects

  • writ petition
  • charge sheet
  • Criminal Procedure Code
  • Section 108
  • jurisdiction
  • high court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 23398 of 2025

                                    Rajkumar And Another
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           :    Dr. Kamlesh Kumar, Rakesh Kumar
                                    Counsel for Respondent(s)           :    G.A., Rizwan Ahmad, Seema Wahid

                                    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. 285 of 2025, under Sections 108 BNS, Charge Sheet No. 250/25,
                                    P.S. Amroha Dehat, District Amroha, 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 27, 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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