Allahabad High Court
ANKISH TRIPATHI AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petition is dismissed because the charge sheet has already been filed, and any challenge must be made in the appropriate criminal forum.
Summary
Petitioners Ankish Tripathi and others filed a writ petition under Article 226 challenging the FIR in Crime No. 0024 of 2025, alleging that no charge sheet had been filed. The court examined the police’s office report dated 27 April 2026, which indicated that a charge sheet (CS‑145/25) had indeed been filed. The court held that since the investigation was concluded and a charge sheet was on record, the petitioners should contest the charge sheet in the appropriate criminal proceeding rather than through a writ petition. Consequently, the petition was dismissed with liberty to approach the proper forum. The decision underscores that writ jurisdiction under Article 226 is not available to contest a charge sheet once filed.
Issues considered
- Whether a writ petition under Article 226 can be entertained to challenge an FIR after a charge sheet has been filed
- Whether the High Court has jurisdiction to direct the filing of a charge sheet
Legislation cited
- B.N.S., 2023 — s. 318(4), 329, 351(3)
Subjects
- Article 226
- charge sheet
- FIR
- criminal procedure
- petition dismissal
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5317 of 2025
Ankish Tripathi And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raza Abbas, Syed Ali Murtaza
Counsel for Respondent(s) : G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Syed Ali Murtaza, learned Senior Advocate assisted by Sri
Vishal, learned Advocate holding brief of Sri Raza Abbas, learned
counsel for the petitioners, learned Additional Government Advocate for
the State and perused the record.
2. By means of this petition filed under Article 226 of the Constitution,
petitioners have questioned the first information report arising out of Case
Crime No. 0024 of 2025, under Sections 351(3), 318(4) and 329 of
B.N.S., 2023, Police Station Cantt., District Bareilly.
3. Sri Murtaza, learned Senior Advocate submits that as per his
information, no charge sheet has been submitted by the police, however,
office report dated 27th April 2026 shows as under:
"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-
145/25 has been filed.
Therefore, in view of above, the case is put up for order before Hon'ble
Court."
4. Since now charge sheet has been filed in the matter after police has
concluded the investigation, we consider it appropriate for the petitioners
to question the charge sheet in appropriate proceeding before appropriate
forum.
CRLP No. 5317 of 2025
2
5. In view of the above, we dismiss this petition with aforesaid liberty.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 5, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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