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Allahabad High Court

SYED TASVIR HAIDER AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court dismissed the writ petition, stating that challenges to the charge sheet must be raised in the appropriate criminal forum, not via a writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 25 of 2023, which involved offences under various sections of the erstwhile IPC, the Dowry Prohibition Act, and the Muslim Women (Protection of Rights on Marriage) Act, 2019. No petitioner appeared before the court, though the State's Additional Government Advocate was present. The police had already filed a charge sheet (CS 59A/2023) after completing its investigation. The court held that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not through a writ petition, and therefore declined to entertain the petition. Consequently, the petition was dismissed and consigned to the records.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
  • Whether the High Court has jurisdiction to quash or direct the filing of a charge sheet in a criminal case

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • high court
  • dismissal
  • jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 5225 of 2023

                                    Syed Tasvir Haider And 4 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Pankaj Kumar Gupta, Prashant Kumar
                                    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. 25 of 2023 under Sections 498-A, 376, 377, 354, 313, 323, 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 59A/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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