Allahabad High Court
RISHABH AND 2 OTHERSversusSTATE OF U.P.AND 3 OTHERS
- Decided
Holding
The petition is dismissed as challenges to a filed charge sheet must be made in the appropriate criminal forum.
Summary
Petitioners Rishabh and two others filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet in Crime No. 17 of 2023, which alleged offences under IPC sections 323, 504, 506 and Section 3(2)(va) of the SC/ST Act. No petitioner appeared before the court, while the State was represented. The police had already filed charge sheet No. A‑135/2023 after completing its investigation. The High Court observed that once a charge sheet is filed, any grievance regarding its contents must 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.
Issues considered
- Whether a writ petition can be entertained to challenge an FIR and charge sheet that has already been filed
- Whether the High Court has jurisdiction to quash the charge sheet in the present circumstances
Legislation cited
- Indian Penal Code — s. 323, 504, 506
- Protection of Children from Sexual Offences Act
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- quash
- SC/ST Act
- IPC sections 323, 504, 506
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5227 of 2023
Rishabh And 2 Others
.....Petitioner(s)
Versus
State Of U.P.And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar, Sandeep Kumar Yadav
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. 17 of 2023 under Sections 323, 504, 506 of the erstwhile IPC and Section
3(2)(va) of SC/ST 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.A-135/2023 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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