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Allahabad High Court

ASHOK KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet has been filed and any challenge must be made in the appropriate criminal forum.

Summary

The petitioners, Ashok Kumar and two others, filed a criminal miscellaneous writ petition challenging the FIR and the subsequent charge sheet filed in Crime No.787 of 2022, which alleged offences under several sections 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 charge sheet (A‑372/2023) had already been filed by the police after completing their investigation, establishing the petitioners' involvement. The court held that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition further and dismissed it, consigning it to the records.

Issues considered

  • Whether the FIR and charge sheet in Crime No.787 of 2022 can be quashed or challenged through a writ petition.

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • high court
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. WRIT PETITION No. - 528 of 2023

                                    Ashok Kumar And 2 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Dileep Kumar Pandey
                                    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.787 of 2022 under Sections 323, 504, 506, 452, 427, 354, 511 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-372/2023 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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