Allahabad High Court
SABIR AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge‑sheet has been filed and any challenge must be made in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No.63 of 2023, which alleged offences under Sections 498A, 323, 504, 506 of the erstwhile IPC, Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. No counsel appeared on behalf of the petitioners, while the State’s counsel was present. The police had already filed charge‑sheet No.CS 144/2023 after completing its investigation. The Court observed that once a charge‑sheet is filed, any grievance regarding the FIR or the investigation should be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it with liberty to approach the proper forum. The petition was ordered to be consigned to the records.
Issues considered
- Whether a writ petition challenging an FIR can be entertained when a charge‑sheet has already been filed and the petitioners are not present before the Court.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- FIR
- writ petition
- charge sheet
- criminal procedure
- Section 498A
- Dowry Prohibition Act
- Muslim Women Protection Act
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5200 of 2023
Sabir And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Khalid
Counsel for Respondent(s) : 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.63 of 2023 under Sections 498A, 323, 504, 506 of the erstwhile IPC and
Section 3/4 of DP Act and Section 3/4 of Muslim Women (Protection of Rights on
Marriage) Act, 2019 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 144/2023 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
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