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Allahabad High Court

ABDUL SATTAR AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal proceeding.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 272/2022) in Crime No. 118 of 2022, which alleged offences under Sections 419, 420, 467, 468, 471, 504 and 506 of the Indian Penal Code. No petitioner appeared before the court, while the State was represented. The court noted that the charge sheet had already been filed after police investigation and that any challenge to it must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to approach the proper forum. The petition was consigned to the records.

Issues considered

  • Whether a writ petition can be entertained to challenge the FIR and charge sheet in a criminal case
  • Whether the High Court has jurisdiction to intervene in the filing of a charge sheet

Legislation cited

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • Allahabad High Court
  • IPC
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 6931 of 2022

                                    Abdul Sattar And 3 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Karunesh Pratap Singh, M J Akhtar
                                    Counsel for Respondent(s)                   :   G.A., Mohd. Shoeb Khan

                                    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. 118 of 2022, under Sections 419, 420, 467, 468, 471, 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.CS 272/2022 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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