Allahabad High Court
UPENDRA GOND @ UPENDRA KUMAR GOND AND ANOTHERversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet can be challenged in the appropriate criminal forum, not via a writ petition.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR registered under Section 363 of the erstwhile Indian Penal Code in Crime No. 217 of 2021. No petitioner appeared before the Court, while the State's Additional Government Advocate was present. The police had already filed a charge sheet after completing their investigation, indicating the petitioners' involvement. The Court held that the charge sheet could be contested in the appropriate criminal proceeding and not through this writ petition. Consequently, the Court declined to grant any further indulgence and dismissed the petition, consigning it 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 the FIR in the present circumstances
Legislation cited
- Indian Penal Code — s. 363
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 363 IPC
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5226 of 2022
Upendra Gond @ Upendra Kumar Gond And Another
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Shukla, Sanjay 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.217 of 2021 under Sections 363 of the erstwhile IPC, 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 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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