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Allahabad High Court

HASIMversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet has been filed and the matter should be contested in the appropriate criminal forum.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR under Section 363 of the erstwhile Indian Penal Code in Crime No. 26 of 2023, alleging their involvement. No petitioner counsel appeared before the court, though the State's Additional Government Advocate was present. The police had already filed charge sheet CS 169/2023 after completing its investigation. The court held that the existence of a charge sheet indicates that the matter should be contested in the appropriate criminal proceeding rather than 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 the FIR under Section 363 of the erstwhile IPC can be quashed by a writ petition
  • Whether the petitioners have locus standi to press the writ petition in the absence of counsel

Legislation cited

Subjects

  • Criminal Procedure
  • FIR
  • Charge Sheet
  • Writ Petition
  • Section 363
  • Allahabad High Court
  • Standing

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 5261 of 2023

                                    Hasim
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Aqueeq Ahmad, Deepak Kumar Tripathi,
                                                                             Jaybrat Dwivedi, Meraj Ahmad Khan
                                    Counsel for Respondent(s)            :   G.A., Radhey Shyam Pandey, Victor Kaiser

                                    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.26 of 2023 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 no. CS 169/2023 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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