Allahabad High Court
GAURAV UPPAL AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet can be contested only in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and seeking quashing of the charge sheet filed in Crime No. 50 of 2023 under Sections 420 and 406 of the erstwhile Indian Penal Code. No petitioner appeared before the court, while the learned Additional Government Advocate for the State was present. The police had already filed charge sheet CS 85/2023 after completing its investigation and concluding the petitioners' involvement. The Court observed that any grievance regarding the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it with liberty to the petitioners to approach the proper forum.
Issues considered
- Whether a writ petition can be entertained to challenge the FIR and charge sheet in a criminal case
- Whether the petitioners have any locus standi to press the writ petition in their absence
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5281 of 2023
Gaurav Uppal And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Prakash Srivastava
Counsel for Respondent(s) : G.A., Sudhir Mehrotra, Suyash Mehrotra
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.50 of 2023 under Sections 420, 406 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 85/2023 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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