Allahabad High Court
SMT. MEENAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed; the charge‑sheet may be challenged only in the appropriate criminal forum.
Summary
Smt. Meena filed a criminal miscellaneous writ petition challenging the FIR lodged in Crime No. 37 of 2023, which alleged offences under Sections 376, 323 and 506 of the Indian Penal Code. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The police had already filed charge‑sheet No. CS‑36/2023 after completing its investigation. The High Court observed that any grievance regarding the charge‑sheet must be raised in the appropriate criminal proceeding and declined to entertain the writ further. Consequently, the petition was dismissed and the matter was consigned to the records.
Issues considered
- Whether a writ petition challenging an FIR can be entertained when the petitioner is absent.
- Whether the High Court can quash or direct the withdrawal of an FIR on the basis of a writ petition.
- Whether the charge‑sheet filed by the police can be contested through a writ of certiorari.
Legislation cited
- Indian Penal Code — s. 323, 376, 506
Subjects
- criminal law
- FIR
- writ petition
- charge sheet
- quash
- jurisdiction
- sexual offences
- criminal intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6918 of 2023
Smt. Meena
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Onkar Nath
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. 37 of 2023, under Sections 376, 323, 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.CS 36/2023 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
Checking your session…