Allahabad High Court
BHAGWAN DAS PALIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge‑sheet may be questioned only in the appropriate criminal forum, and the writ petition is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No.43 of 2022 under Sections 3 and 5 of the Prevention of Damages of Public Property Act, 1984. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The court noted that a charge‑sheet (CS 27/2023) had already been filed by the police after completing its investigation. It held that any grievance regarding the charge‑sheet must be raised in the appropriate criminal proceeding, not through this writ. Consequently, the court declined to entertain the petition further and dismissed it with liberty to approach the proper forum. The petition was consigned to the records.
Issues considered
- Whether the FIR under Sections 3 and 5 of the Prevention of Damages of Public Property Act, 1984 can be quashed by a writ petition.
- Whether the petition is maintainable in the absence of petitioner’s representation.
- Whether the charge‑sheet can be challenged through a writ petition or must be contested in the appropriate criminal proceeding.
Legislation cited
Subjects
- writ petition
- FIR
- charge sheet
- Prevention of Damages of Public Property Act
- criminal procedure
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5237 of 2022
Bhagwan Das Pali
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar
Counsel for Respondent(s) : Dharmendra Singh Chauhan, G.A.
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.43 of 2022 under Sections 3/5 of Prevention of Damages of Public Property
Act, 1984 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. CS 27/2023 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
Checking your session…