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Allahabad High Court

MARUF HUSAIN AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet, already filed, can be challenged only in the appropriate criminal forum.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 320/2023) in Crime No.197 of 2023, which alleged offences under Sections 376 and 506 of the erstwhile Indian Penal Code and Sections 3 and 4 of the Delhi Police Act. No petitioner counsel appeared before the court, though the State’s Additional Government Advocate was present. The court noted that the charge sheet had already been filed after police investigation and that any challenge to it must be made in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition further. The petition was dismissed and consigned to the records.

Issues considered

  • Whether a writ petition can be entertained to quash an FIR/charge sheet when the charge sheet has already been filed.
  • Whether the High Court can intervene in the merits of the charge sheet at the writ stage.

Legislation cited

Subjects

  • criminal law
  • FIR
  • charge sheet
  • writ petition
  • Section 376 IPC
  • Section 506 IPC
  • Delhi Police Act
  • quash
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 5242 of 2023

                                    Maruf Husain And 5 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Girish Tiwari
                                    Counsel for Respondent(s)            :   Amit Kumar Pandey, G.A., Manoj Kumar
                                                                             Singh, Narsingh Pandey

                                    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.197 of 2023 under Sections 376, 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 320/2023 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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