Allahabad High Court
ASHISH TRIVEDI AND 3 OTHERSversusTHE STATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has already been filed and any challenge must be made in the appropriate criminal forum.
Summary
The petitioners sought a writ to quash the First Information Report (FIR) in Crime No. 130 of 2022, which alleged offences under various sections of the erstwhile IPC and the Dowry Prohibition Act. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The court noted that the police had already filed a charge sheet (CS 21/2023) after completing its investigation and finding the petitioners' involvement. It held that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to quash an FIR after a charge sheet has been filed
- Whether the High Court has jurisdiction to entertain the petition in view of the pending criminal proceedings
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code (erstwhile) — s. 323, 354Kha, 406, 494, 498-A, 504, 506
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- quash
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5220 of 2023
Ashish Trivedi And 3 Others
.....Petitioner(s)
Versus
The State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adya Prasad Tewari, Pradeep Kumar Pal
Counsel for Respondent(s) : Ajay Kumar Srivastava, Anand Priya Singh,
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. 130 of 2022, under Sections 498-A, 323, 504, 506, 406, 494, 354Kha 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 21/2023 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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