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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

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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