Allahabad High Court
JAMIL KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The charge sheet filed by the police cannot be challenged by a writ petition; such challenges must be raised in the appropriate criminal forum.
Summary
The petitioner Jamil Khan filed a criminal miscellaneous writ petition challenging the filing of a First Information Report and subsequent charge sheet in Crime No. 78 of 2023, which alleged offences under Section 366 of the erstwhile Indian Penal Code and Section 3(2)(va) of the SC/ST Act. No petitioner counsel appeared before the court, though the State’s Additional Government Advocate was present. The police had already filed a charge sheet after completing its investigation, indicating the petitioner's involvement. The High Court held that the charge sheet could be contested only in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the writ and dismissed the petition, consigning it to the records.
Issues considered
- Whether a writ petition can be entertained to challenge the filing of a FIR and charge sheet under Section 366 IPC and Section 3(2)(va) of the SC/ST Act.
Legislation cited
- Indian Penal Code — s. 366
- Protection of Children from Sexual Offences Act (SC/ST Act) — s. 3(2)(va)
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- Section 366 IPC
- SC/ST Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6910 of 2023
Jamil Khan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kumar Anish, Sajiya Parveen
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. 78 of 2023, under Sections 366 of erstwhile IPC and Section 3(2)(va) of
SC/ST 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 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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