Allahabad High Court
KAPIL SHARMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal forum, not through a writ petition.
Summary
Petitioners Kapil Sharma and another filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 318/2023) in Crime No.66 of 2023, which alleged offences under Sections 420, 467, 468, 471, 406, 504 and 506 of the 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 and that any challenge to the charge sheet must be made in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition and dismissed it with liberty to approach the proper forum. The petition was ordered to be consigned to the records.
Issues considered
- Whether a writ petition can be entertained to quash an FIR and charge sheet when the police investigation is complete.
- Whether the High Court can intervene in the criminal proceedings at the stage of charge sheet filing.
Legislation cited
- Indian Penal Code — s. 406, 420, 467, 468, 471, 504, 506
Subjects
- writ petition
- quash FIR
- charge sheet
- Indian Penal Code
- High Court of Allahabad
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5275 of 2023
Kapil Sharma And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar Misra
Counsel for Respondent(s) : G.A., Jai Prakash Singh
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.66 of 2023 under Sections 420, 467, 468, 471, 406, 504, 506 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 318/2023 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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