“There is something more than what meets the eye,” the court observed. Lucknow : The Lucknow bench of the Allahabad high Court has questioned the delay in filing a chargesheet in a criminal case despite it having been prepared nearly a year ago.
The petitioner had contended that the police informed the court on Aug 25, 2026, that the chargesheet had been forwarded and would be filed shortly. Referring to Section 177 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the bench observed that while no specific timeline has been prescribed for filing a police report, the law requires it to be forwarded to the magistrate without unnecessary delay.
However, it has still not been presented before the competent court.
a division bench of Justice Abdul Moin and Justice Rajeev Bharti was informed that the chargesheet had been prepared on Oct 26, 2025, and forwarded to the circle officer on Dec 20, 2025 While hearing a petition filed by one Niharika Mishra on Friday. Subsequently, on Jan 13, 2026, the assistant prosecution officer raised objections and the matter was sent back for further investigation.
The matter has been fixed for further hearing on Nov 19. The court further directed that if the affidavit is not filed within the stipulated period, the ACS (Home) shall appear in person along with the relevant records.
The court also noted that the facts regarding the objections raised by the prosecution and the subsequent further investigation had not been placed before it during earlier hearings. Taking note of the delay, the bench directed the additional chief secretary (Home) to file a personal affidavit within three weeks explaining why the chargesheet had not been filed before the competent court and detailing the action proposed against officials responsible for the lapse.