Allahabad High Court
RAJESH PANDEYversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The High Court held that a writ petition challenging the FIR cannot be entertained once a charge sheet has been filed; the matter must be addressed in the appropriate criminal trial.
Summary
The petitioner, Rajesh Pandey, filed a criminal miscellaneous writ petition challenging the First Information Report (FIR) in Crime No. 281 of 2021, which alleged offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. No petitioner counsel appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet No. A-171/2023 after completing its investigation and finding the petitioner’s involvement. The Court observed that once a charge sheet is filed, any grievance regarding the FIR must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to the petitioner to approach the proper forum.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet
- Whether the High Court has jurisdiction to quash the FIR in the present circumstances
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- writ petition
- FIR
- charge sheet
- Indian Penal Code
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5263 of 2022
Rajesh Pandey
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sheshadri Trivedi
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.281 of 2021 under Sections 419, 420, 467, 468, 471 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.A-171/2023 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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