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
- Indian Penal Code (erstwhile) — s. 363
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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