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Allahabad High Court

SMT. MADHU AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court dismissed the writ petition, holding that the charge sheet cannot be questioned by a writ and must be contested in the appropriate criminal forum.

Summary

Madhu and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR and charge sheet filed in Crime No. 285 of 2025 under Section 108 BNS. No petitioner appeared before the court; only the Additional Government Advocate for the State was present. The court noted that the police had already filed a charge sheet after completing its investigation and that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not by a writ. 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 writ petition can be used to challenge a police charge sheet/FIR in a criminal case.
  • Whether the High Court can entertain the petition in the absence of the petitioners.

Subjects

  • writ petition
  • criminal procedure
  • charge sheet
  • FIR
  • dismissal
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 25931 of 2025

                                    Smt. Madhu And Another
                                                                                                     .....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.

                                    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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