Allahabad High Court
KM.ARTI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the charge sheet had already been filed and any challenge must be made in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and the subsequent filing of a charge sheet (CS 262/2022) in Crime No. 267 of 2022, which alleged offences under Sections 498-A, 323, 377, 307, 504, 506 of the erstwhile IPC 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 indicating 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 entertain the petition further and dismissed it with liberty to approach the proper forum.
Issues considered
- Whether a writ petition can be entertained to quash an FIR or charge sheet after the police have filed a charge sheet.
- Whether the appropriate forum for challenging the charge sheet is a criminal trial rather than a writ jurisdiction.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 377, 498-A, 504, 506
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- quash
- IPC
- Dowry Prohibition Act
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6998 of 2022
Km.Arti And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Salman Ahmad
Counsel for Respondent(s) : G.A., Pankaj Sharma
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. 267 of 2022, under Sections 498-A, 323, 377, 307, 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 262/2022 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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