Allahabad HC slams UP Police as year-old chargesheet in criminal case yet to be filed before trial court
Lucknow, Oct 30 (PTI) The Lucknow bench of the Allahabad High Court has raised questions over the functioning of Uttar
Lucknow, Oct 30 (PTI) The Lucknow bench of the Allahabad High Court has raised questions over the functioning of Uttar
Lucknow, Oct 30 (PTI) The Lucknow bench of the Allahabad High Court has raised questions over the functioning of Uttar
Lucknow, Oct 30 (PTI) The Lucknow bench of the Allahabad High Court has raised questions over the functioning of Uttar Pradesh Police after finding that a chargesheet, prepared nearly a year ago in a criminal case, had still not been filed before the competent court.
Taking a strong stance, the court remarked on Thursday that "there is something more than meets the eye" in the matter.
A division bench comprising Justice Abdul Moin and Justice Rajeev Bharti directed the additional chief secretary (home) to file a personal affidavit explaining why the chargesheet was not submitted before the court and what corrective or disciplinary action would be taken against officials responsible for such lapses.
The bench was hearing a petition filed by Niharika Mishra, who sought directions to police to file the chargesheet in an FIR registered under provisions relating to criminal intimidation and publication of obscene material.
The court was informed on behalf of the petitioner that on August 25, police had apprised the court that the chargesheet had been forwarded and would soon be filed. However, despite the assurance, it was not presented before the competent court.
The state government informed the bench that the chargesheet had been prepared on October 26, 2025, and forwarded to the circle officer on December 20, 2025. However, on January 13, 2026, the assistant prosecution officer (APO) raised certain objections, following which the matter was sent back for further investigation.
The court observed that these facts had not been disclosed when the matter was taken up earlier. It said that when the court was hearing the case, the authorities were expected to place all relevant facts before it.
Referring to Section 177 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the bench observed that although no specific time limit had been prescribed for filing a police report, the law clearly mandates that it should be forwarded to the magistrate without delay.
The court directed the additional chief secretary (home) to file his personal affidavit within three weeks, failing which he would have to appear personally before the court along with relevant records.
The matter has been listed for further hearing on November 19.
(This story has not been edited by THE WEEK and is auto-generated from PTI)