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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

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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