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Allahabad High Court

SANDEEP GOEL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court dismissed the writ petition, holding that challenges to the charge sheet must be raised in the appropriate criminal proceeding, not by a writ.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and the charge sheet filed in Crime No. 198 of 2022, which alleged their involvement under Sections 120B, 420, 467, 468, 504, 506 and 406 of the erstwhile IPC. No petitioner appeared before the court, though the State's Additional Government Advocate was present. The police had already filed charge sheet CS 780/2022 after completing its investigation. The court held that any challenge to the charge sheet should be made 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 approach the proper forum. The petition was dismissed and consigned to the records.

Issues considered

  • Whether a writ petition is the appropriate remedy to challenge the filing of a charge sheet under the IPC.
  • Whether the High Court can quash the FIR or charge sheet in the absence of the petitioner's presence.

Legislation cited

Subjects

  • criminal procedure
  • writ petition
  • FIR
  • charge sheet
  • quash
  • High Court
  • Indian Penal Code

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 6924 of 2022

                                    Sandeep Goel And Another
                                                                                                             .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Vishwanath Pandey
                                    Counsel for Respondent(s)              :    Archana Jha, G.A., Pragati, Shaili Ganguly

                                    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. 198 of 2022, under Sections 120B, 420, 467, 468, 504, 506, 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 780/2022 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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