Allahabad High Court
UMESH GUPTA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that challenges to a charge sheet must be made in the appropriate criminal forum, not via a writ petition, and therefore dismissed the petition.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and the subsequent charge sheet filed in Crime No. 182 of 2023, which alleged offences under Sections 120B, 420, 406, 323, 504 and 506 of the Indian Penal Code. No petitioner appeared before the court, though the State’s Additional Government Advocate was present. The police had already filed charge sheet CS 292/2023 after completing its investigation. The Court observed that any challenge to the charge sheet must be raised in the appropriate criminal proceeding and not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it with liberty to the petitioners. The petition was consigned to the records.
Issues considered
- Whether a writ petition can be entertained to challenge an FIR and a charge sheet that has already been filed
- Whether the petition should be dismissed for lack of representation by the petitioners
Legislation cited
- Indian Penal Code — s. 120B, 323, 406, 420, 504, 506
Subjects
- Criminal Procedure
- Writ Petition
- Charge Sheet
- FIR
- Dismissal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6991 of 2023
Umesh Gupta And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Srivastava, Manoj Kumar Gupta
Counsel for Respondent(s) : G.A., Rakesh Kumar Verma
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. 182 of 2023, under Sections 120B, 420, 406, 323, 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 292/2023 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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