Allahabad High Court
DINESH PACHRAIYA @ DINESH CHANDRA AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court dismissed the writ petition, holding that the charge sheet may be contested only in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 172/2023) filed in Crime No. 76 of 2023, which alleged offences under Sections 498A, 323, 504, 506 of the erstwhile Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The court noted that the police had already completed its investigation and filed a charge sheet finding the petitioners’ involvement. It held that any challenge to the charge sheet should be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to grant any relief and dismissed the petition, consigning it to the records.
Issues considered
- Whether a criminal miscellaneous writ petition can be entertained to quash an FIR and charge sheet already filed.
- Whether the appropriate forum to challenge a charge sheet is a criminal trial rather than a writ petition.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- quash
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6948 of 2023
Dinesh Pachraiya @ Dinesh Chandra And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Dwivedi
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. 76 of 2023, under Sections 498A, 323, 504, 506 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 172/2023 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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