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Allahabad High Court

AMAN NIGANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal proceeding, not through a writ petition.

Summary

The petitioner, Aman Nigan, filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 212/2023) in Crime No.91 of 2023, which alleged offences under Sections 504, 506, 354, 354(Gh), 354(Gha) of the erstwhile IPC and Sections 7 and 8 of the POCSO Act. No petitioner counsel appeared before the court, though 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 further and dismissed it, consigning it to the records. The decision underscores that writ jurisdiction is not the proper forum for contesting a charge sheet once filed.

Issues considered

  • Whether a writ petition can be entertained to challenge the FIR and charge sheet filed in a criminal case
  • Whether the petitioner has the locus standi to press the writ in the absence of representation

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • POCSO Act
  • IPC sections
  • jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 5301 of 2023

                                    Aman Nigan
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                         :   Ishwar Chandra Srivastava
                                    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.91 of 2023 under Sections 504, 506, 354, 354 (Gh), 354 (Gha) of the
                                    erstwhile IPC and Section 7/8 of POCSO Act, 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 212/2023 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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