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Allahabad High Court

TAHIR HUSAIN AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal forum, not through a writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR under Section 420 of the erstwhile Indian Penal Code in Crime No.124 of 2023. No petitioner appeared before the court, while the State’s Additional Government Advocate was present. The police had already filed charge sheet CS 244/2023 after completing its investigation and concluding the petitioners' involvement. The Court held that the charge sheet could be contested in the appropriate criminal proceeding and 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 the registration of an FIR under Section 420 IPC.
  • Whether the filing of a charge sheet by the police precludes judicial intervention in the form of a writ.

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • Section 420
  • charge sheet
  • writ petition
  • High Court
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 5247 of 2023

                                    Tahir Husain And Another
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Sandeep Kumar Srivastava
                                    Counsel for Respondent(s)                     :   G.A., Surendra Prasad Mishra

                                    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.124 of 2023 under Sections 420 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 no.CS 244/2023 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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