Allahabad High Court
RIZWAN @ RASHID AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has already been filed and the matter must be addressed in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR under Section 380 of the erstwhile Indian Penal Code in Crime No. 79 of 2023. No petitioner appeared before the court, while the State's Additional Government Advocate was present. The police had already filed charge sheet No. A-86/2023 after completing its investigation and finding the petitioners' involvement. The Court held that once a charge sheet is filed, any challenge to the FIR 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 entertained to quash an FIR after a charge sheet has been filed
Legislation cited
- Indian Penal Code — s. 380
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 380
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6985 of 2023
Rizwan @ Rashid And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aftab Khan, Ashok Kumar Yadav
Counsel for Respondent(s) : G.A., Karan Singh Yadav
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 380 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-86/2023 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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