Allahabad High Court
SHANKAR PRASAD SAXENA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge‑sheet can be contested only in the appropriate criminal forum.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the First Information Report (FIR) in Crime No. 663 of 2022, which alleged offences under Sections 498A, 323, 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 a charge‑sheet after completing its investigation, indicating the petitioners' involvement. The Court held that any grievance regarding the charge‑sheet must be raised in the appropriate criminal proceeding, not through a writ petition. Consequently, the Court declined to entertain the petition further and dismissed it, consigning it to the records.
Issues considered
- Whether a writ petition can be used to challenge the FIR and charge‑sheet in a criminal case
- Whether the court should entertain the petition in the absence of the petitioners
Legislation cited
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- FIR
- charge sheet
- criminal writ petition
- court dismissal
- procedural jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7031 of 2023
Shankar Prasad Saxena And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Kishun Misra
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. 663 of 2022, under Sections 498A, 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 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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