Allahabad High Court
SUNIL VERMA (MINOR)versusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition cannot be used to challenge a charge sheet; such challenges must be raised in the appropriate criminal forum.
Summary
The petition, filed by Sunil Verma (a minor), sought to challenge the First Information Report (FIR) relating to Crime No. 133 of 2023, which alleged offences under Section 376 of the erstwhile Indian Penal Code. No representative appeared on behalf of the petitioner, while the State's Additional Government Advocate was present. The court noted that the police had already filed charge sheet No. A-158/2023 after completing its investigation and finding the petitioner's 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 can be entertained to quash an FIR and charge sheet under Section 376 IPC
Legislation cited
- Indian Penal Code — s. 376
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 376 IPC
- quash
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6939 of 2023
Sunil Verma (Minor)
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vineet Kumar Singh
Counsel for Respondent(s) : G.A., Indrakesh Kumar Sharma
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. 133 of 2023, under Sections 376 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.A-158/2023 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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