Allahabad High Court
VISHESH SHARMA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The charge sheet may be questioned only in the appropriate criminal proceeding, not by way of a writ petition, and the petition is dismissed.
Summary
The petitioners sought to challenge the First Information Report (FIR) and the subsequent charge sheet filed in a criminal case under Sections 498-A, 323, 406, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. No petitioner counsel appeared before the Court, though the State’s Additional Government Advocate was present. The police had already filed charge sheet No. CS 42/2025 after completing its investigation. The Court held that any grievance regarding the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records.
Issues considered
- Whether a writ petition is the proper forum to challenge an FIR and a charge sheet filed under the IPC and Dowry Prohibition Act
- Whether the High Court can entertain the petition in the absence of petitioner representation
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 406, 498-A, 504, 506
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- jurisdiction
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5203 of 2022
Vishesh Sharma And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikash Chandra Tiwari
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.22 of 2022 under Sections 498-A, 323, 406, 504, 506 of the erstwhile IPC
and Section 3/4 of DP Act, 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 42/2025 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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