Allahabad High Court
SMT. MAYA SINGH AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as the charge sheet has been filed and any challenge must be made in the appropriate criminal proceeding.
Summary
The petitioners challenged the filing of a First Information Report and subsequent charge sheet in a case involving offences under several IPC sections and the Criminal Law Amendment Act. They argued that the counter‑affidavit had not been filed and sought relief from the High Court. The police, through the Director General’s Legal Cell, submitted that a charge sheet had already been filed 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 further and dismissed it, consigning it to the records.
Issues considered
- What is the appropriate forum for challenging a charge sheet once it has been filed?
- Whether the High Court can entertain a writ petition seeking quash of the FIR/charge sheet in the present circumstances?
Legislation cited
- Criminal Law Amendment Act
- Indian Penal Code — s. 147, 148, 149, 307, 332, 336, 353, 504, 506
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- IPC sections
- High Court
- quash
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7032 of 2022
Smt. Maya Singh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Achal Singh, Prashant Kumar Singh
Counsel for Respondent(s) : G.A., Harsh Narayan Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. This writ petition questions the first information report in connection with Case
Crime No. 140/2022 under Sections 147, 148, 149, 332, 353, 307, 504, 506, 336 IPC
and 7 Criminal Law Amendment Act, Police Station Thariyaon, District Fatehpur.
2. Learned counsel for the petitioner states that counter affidavit has not been filed till
date.
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
Pratima
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad
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