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Allahabad High Court

SMT. MANJUversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A charge sheet filed by the police cannot be challenged by a writ petition; such challenges must be raised in the appropriate criminal proceeding.

Summary

The petitioner, Smt. Manju, filed a criminal miscellaneous writ petition challenging the FIR and the charge sheet filed in Crime No. 285 of 2025 under Section 108 BNS. No petitioner appeared before the court, while 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 it 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. The petition was consigned to the records.

Issues considered

  • Whether a charge sheet filed by the police can be questioned through a writ petition under the Constitution of India

Subjects

  • writ petition
  • criminal procedure
  • charge sheet
  • jurisdiction
  • petition dismissed

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 23716 of 2025

                                    Smt. Manju
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           :    Ishwar Chandra Tyagi
                                    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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