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Allahabad High Court

SATYENDRA KUMAR @ KALLU AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the charge sheet can be challenged only in the appropriate criminal proceeding.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and the filing of a charge sheet (CS 383/2023) in Crime No. 122 of 2023, which alleged offences under Sections 147, 148, 149, 307, 452, 504 and 506 of the erstwhile Indian Penal Code. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The court noted that the police had already filed a charge sheet after completing its investigation and that any challenge to the charge sheet should be made in the appropriate criminal proceeding. Consequently, the court declined to entertain the writ petition further and dismissed it with liberty to approach the proper forum. The petition was ordered to be consigned to the records.

Issues considered

  • What is the appropriate forum for challenging a charge sheet once it has been filed?
  • Can a writ petition be entertained in the absence of the petitioner’s presence?

Legislation cited

Subjects

  • criminal procedure
  • FIR
  • charge sheet
  • writ petition
  • quash
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 6978 of 2023

                                    Satyendra Kumar @ Kallu And 5 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Kuldeep Singh Yadav
                                    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. 122 of 2023, under Sections 147, 148, 149, 307, 452, 504, 506 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 383/2023 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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