Allahabad High Court
KAVITA DEVI AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been duly filed and any challenge must be raised in the appropriate criminal forum.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the filing of a First Information Report and subsequent charge sheet (A-120/2023) in Crime No.101 of 2023 under Section 366 of the erstwhile Indian Penal Code. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The court noted that the police had already filed a charge sheet after completing its investigation, finding the petitioners' involvement. It held that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not through this writ petition. Consequently, the court declined to grant any further indulgence and dismissed the petition, consigning it to the records.
Issues considered
- Whether the First Information Report and charge sheet filed under Section 366 IPC can be quashed by a writ petition
Legislation cited
- Indian Penal Code — s. 366
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- Section 366 IPC
- quashment
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5269 of 2023
Kavita Devi And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shyam Sunder Mishra
Counsel for Respondent(s) : G.A., Ravishankar Mishra, Shailesh Kumar
Tiwari
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.101 of 2023 under Sections 366 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 A-120/2023 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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