Allahabad High Court
AJAY SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that the charge sheet can be questioned only in the appropriate criminal proceeding and not through a writ petition.
Summary
The petitioner, Ajay Singh, filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet filed in Crime No.69 of 2023, which alleged offences under several IPC sections and the SC/ST Act. The petition sought judicial intervention to quash the FIR/charge sheet. The State, represented by the learned Additional Government Advocate, submitted that a charge sheet (No. A-270/2023) had already been filed after police investigation. The Court held that challenges to a charge sheet are to be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the writ and dismissed the petition, consigning it to the records.
Issues considered
- Whether a writ petition is the appropriate forum to challenge a charge sheet filed under the IPC and SC/ST Act
- Whether the High Court can intervene to quash the FIR or charge sheet in the present circumstances
Legislation cited
- Indian Penal Code — s. 186, 323, 332, 353, 427, 504, 506
- Protection of Children from Sexual Offences Act
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- jurisdiction
- SC/ST Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7007 of 2023
Ajay Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kripa Shanker Mishra, Mrityunjay Dwivedi
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.69 of 2023, under Sections 332, 353, 186, 323, 504, 506, 427 of erstwhile
IPC read with 3(2)(va) of SC/ST 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.A-270/2023 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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