Allahabad High Court
ANKIT KUMAR AND ANOTHERversusSTATE 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, not by a writ petition.
Summary
The petitioners, Ankit Kumar and another, filed a criminal miscellaneous writ petition challenging the FIR and the filing of a charge sheet (CS 182/2023) in Crime No. 138 of 2023, which alleged offences under Sections 308, 323, 504 and 506 of the erstwhile Indian Penal Code. No petitioner appeared before the Court, though the State's Additional Government Advocate was present. The police had already filed the charge sheet after completing its investigation, finding the petitioners' involvement. The Court held that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition is the proper forum to challenge the FIR and the charge sheet filed in a criminal case
- Whether the High Court can entertain the petition in the absence of the petitioners
Legislation cited
- Indian Penal Code — s. 308, 323, 504, 506
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6934 of 2023
Ankit Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhuvnesh Kumar Singh
Counsel for Respondent(s) : Abhishek Tiwari, 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. 138 of 2023, under Sections 308, 323, 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 182/2023 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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