Allahabad High Court
MANOJ GUPTA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A charge‑sheet already filed can be contested only in the appropriate criminal proceeding, not by a writ petition.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR in Crime No. 121 of 2023, which alleged offences under Sections 363, 504 and 506 of the Indian Penal Code. No petitioner appeared before the court, while the State’s Additional Government Advocate was present. The police had already filed charge‑sheet No. CS‑109/2023 after completing its investigation. The Court held that once a charge‑sheet is filed, any grievance regarding its contents must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition and dismissed it with liberty to approach the proper forum.
Issues considered
- What is the appropriate forum for challenging a charge‑sheet once it has been filed – a writ petition or a criminal trial proceeding?
Legislation cited
- Indian Penal Code — s. 363, 504, 506
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- high court
- quash
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7024 of 2023
Manoj Gupta And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar Tripathi
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. 121 of 2023, under Sections 363, 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 109/2023 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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