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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

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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