Allahabad High Court
DEVENDRA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet is already filed and any challenge must be made in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 41 of 2023, which alleged offences under Sections 308, 323 and 504 of the erstwhile Indian Penal Code. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet CS 57/2023 after completing its investigation and 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 with liberty to the petitioners to approach the proper forum.
Issues considered
- Whether a writ petition can be used to challenge the FIR and the filing of a charge sheet in a criminal case
- Whether the petitioners' non‑appearance affects the court's jurisdiction to entertain the writ
Legislation cited
- Indian Penal Code — s. 308, 323, 504
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6944 of 2023
Devendra And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Bhusan Kushwaha, Jagdev Singh
Counsel for Respondent(s) : 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. 41 of 2023, under Sections 308, 323, 504 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 57/2023 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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