Allahabad High Court
VIJAY KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A charge sheet already filed by the police cannot be challenged through a writ petition and must be contested in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 83 of 2023, which alleged offences under Sections 406, 504 and 506 of the 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. A-154/2023 after completing its investigation and concluding the petitioners' involvement. The 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 petition further and dismissed it.
Issues considered
- Whether a writ petition can be used to challenge a charge sheet that has already been filed by the police
Legislation cited
- Indian Penal Code — s. 406, 504, 506
Subjects
- criminal procedure
- charge sheet
- writ petition
- Indian Penal Code
- Section 406
- Section 504
- Section 506
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6915 of 2023
Vijay Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Singh
Counsel for Respondent(s) : Arun Kumar Bajpai, 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.83 of 2023, under Sections 406, 504, 506 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.A-154/2023 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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