Allahabad High Court
ARMAN AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that the charge‑sheet can be contested only in the appropriate criminal forum and therefore dismissed the writ petition.
Summary
The petitioners Arman and another filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 79 of 2023, which alleged offences under Sections 376, 377, 323, 504, 506 of the IPC and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. No petitioner counsel appeared, but the State's AGA was present. The police had already filed a charge‑sheet (CS 173/2023) after completing its investigation. The Court observed that once a charge‑sheet is filed, any grievance regarding the FIR or the investigation 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.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the filing of a charge‑sheet
- Whether the High Court can entertain the petition in lieu of the appropriate criminal proceeding
Legislation cited
- Indian Penal Code — s. 323, 376, 377, 504, 506
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- IPC
- Muslim Women (Protection of Rights on Marriage) Act
- jurisdiction
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6970 of 2023
Arman And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh
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. 79 of 2023, under Sections 376, 377, 323, 504, 506 of erstwhile IPC and
Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019,
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 173/2023 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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