Allahabad High Court
RAJESH GUPTA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as challenges to the charge sheet must be raised in the appropriate criminal proceeding, not through a writ petition under Article 226.
Summary
Petitioners Rajesh Gupta and another filed a writ petition under Article 226 of the Constitution challenging the FIR and seeking to question the charge sheet filed in a criminal case under Sections 420, 406, 467, 468, 471 and 120‑B IPC. The High Court noted that the charge sheet (No. A‑175/2023) had already been filed and that the matter was now at the stage of trial. The Court held that the appropriate forum to contest the charge sheet is the trial court or a criminal proceeding, not a writ petition. Consequently, the petition was dismissed with liberty to raise objections in the proper proceeding. The order was pronounced by Judges Ajit Kumar and Indrajeet Shukla on 5 May 2026.
Issues considered
- Whether a writ petition under Article 226 is maintainable to question a charge sheet after it has been filed
- Whether the High Court can entertain a petition challenging the FIR/charge sheet when the investigation is concluded
Legislation cited
- Indian Penal Code — s. 120-B, 406, 420, 467, 468, 471
Subjects
- Article 226
- criminal procedure
- charge sheet
- FIR
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5446 of 2022
Rajesh Gupta And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kashif Zaidi
Counsel for Respondent(s) : G.A., Krishna Mani
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Kashif Zaidi, learned counsel for the
petitioners, learned Additional Government Advocate for
the State and perused the record.
2. By means of this petition filed under Article 226 of
the Constitution, petitioners have questioned the first
information report arising out of Case Crime No. 0067 of
2022, under Sections 420, 406, 467, 468, 471, 120-B
IPC, Police Station Babupurwa, District Kanpur Nagar.
3. Office report dated 27th April 2026 shows as under:
"It is most humbly submitted that as per report submitted
by the Legal Cell, O/o Director General of Police, Uttar
Pradesh, chargesheet has been filed.
Therefore, in view of above, the case is put up for order
before Hon'ble Court."
4. Learned counsel for the petitioner submits that police
has submitted charge sheet no. A-175/2023 in the matter,
CRLP No. 5446 of 2022
2
therefore, he may be granted opportunity to question the
charge sheet on further more grounds.
5. Since now charge sheet has been filed in the matter
after police has concluded the investigation, we consider
it appropriate for the petitioner to question the charge
sheet in appropriate proceeding before appropriate forum.
6. In view of the above, we dismiss this petition with
aforesaid liberty.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 5, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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