Allahabad High Court
SMT. AARTI VERMA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the writ petition cannot be entertained and any challenge to the charge sheet must be pursued in the appropriate criminal proceeding.
Summary
The petitioners, Smt. Aarti Verma and another, filed a criminal miscellaneous writ petition challenging the FIR lodged in Crime No. 941 of 2021, which alleged offences under Sections 420, 467, 468, 471 and 406 of the erstwhile Indian Penal Code. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet No. CS 502/2023 after completing its investigation. The Court observed that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to approach the proper forum.
Issues considered
- Whether a writ petition can be entertained to quash an FIR when a charge sheet has already been filed
- Whether the appropriate forum for challenging the charge sheet is a criminal trial rather than a writ jurisdiction
Legislation cited
- Indian Penal Code — s. 406, 420, 467, 468, 471
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6906 of 2022
Smt. Aarti Verma And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankur Goyal, Mohd. Naushad Siddiqui
Counsel for Respondent(s) : G.A., Lalit Kumar Srivastava
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. 941 of 2021, under Sections 420, 467, 468, 471, 406 of 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 502/2023 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 7, 2026
Mohit
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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