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Allahabad High Court

SATYAJEET KUMAR GOND AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as challenges to the charge sheet must be made in the appropriate criminal proceeding, not via a writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet in Crime No. 170 of 2023, which alleged offences under Sections 498-A, 323, 506 of the IPC and Sections 3 and 4 of the Domestic Violence (Protection) Act. No petitioner counsel appeared before the Court, while the State’s Additional Government Advocate was present. The police had already filed charge sheet No. A-01/2023 after completing its investigation. The Court observed that any grievance regarding the charge sheet should be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it with liberty to the petitioners to approach the proper forum.

Issues considered

  • Whether a writ petition can be entertained to challenge an FIR and charge sheet that have already been filed.
  • Whether the High Court can intervene in the criminal investigation at the stage of charge sheet filing.

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • quash
  • Section 498-A
  • Domestic Violence Act
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 6916 of 2023

                                    Satyajeet Kumar Gond And 4 Others
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Ajay Kumar       Srivastava,    Pavan     Kumar
                                                                             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. 170 of 2023, under Sections 498-A, 323, 506 of erstwhile IPC and Section
                                    3/4 of DP 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.A-01/2023 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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