Allahabad High Court
ANKIT @ ANKIT GAUTAMversusTHE STATE OF UP THROUGH PRINCIPAL SECRETARY (HOME) AND 3 OTHERS
- Decided
Holding
The petition is dismissed, with the Court directing that any challenge to the charge sheet be made in the appropriate forum.
Summary
The petitioner, Ankit Gautam, filed a criminal miscellaneous writ petition challenging the FIR lodged under Section 108 of the BNS in Crime No.68 of 2025. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The State submitted that a charge sheet (A-210/2025) had already been filed by the Director General of Police after completing its investigation. The Court observed that any challenge to the charge sheet should be made in the appropriate forum and declined to entertain the writ petition. Consequently, the petition was dismissed with liberty to approach the proper proceeding.
Issues considered
- Whether a writ petition can be entertained to quash an FIR and charge sheet filed under Section 108 of the BNS.
- Whether the High Court has jurisdiction to entertain the petition in the absence of the petitioner.
Legislation cited
- BNS — s. 108
Subjects
- writ petition
- FIR
- charge sheet
- Section 108
- criminal procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5221 of 2025
Ankit @ Ankit Gautam
.....Petitioner(s)
Versus
The State Of Up Through Principal Secretary (Home) And
3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandan Bhagat
Counsel for Respondent(s) : G.A., Vivek Kumar Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. List is being revised.
2. This writ petition questions the first information report in connection with Case
Crime No.68 of 2025 under Sections 108 of BNS however, nobody is present on
behalf of the petitioners to press the writ petition, however, learned AGA for the State
is present.
3. 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 no. A-210/2025 has been
filed.
Therefore, In view of above, the case is put up for order before Hon'ble Court."
4. 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 may be questioned in an appropriate proceeding at appropriate forum.
5. Accordingly, we decline to grant any further indulgence in the matter.
6. Petition is, accordingly dismissed, consigned to records with aforesaid liberty.
May 5, 2026
Mohit
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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