Allahabad High Court
BRIJESH AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet has already been filed and any challenge must be made in the appropriate criminal forum.
Summary
The petitioners, Brijesh and four others, filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 97 of 2023, which alleged offences under IPC sections 323, 504, 506, 498A and DP Act sections 3 and 4. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet CS 77/2023 after completing its investigation. The Court observed that once a charge sheet is filed, any grievance regarding the FIR or the charge sheet must 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 approach the proper forum. The petition was consigned to the records.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet
- Whether the High Court can intervene in the merits of the charge sheet in a writ proceeding
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- Allahabad High Court
- IPC
- DP Act
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6935 of 2023
Brijesh And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Krishna Koli
Counsel for Respondent(s) : G.A., Prateek Srivastava
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. 97 of 2023, under Sections 323, 504, 506, 498A 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.CS 77/2023 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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