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Allahabad High Court

AMIR AHMAD AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as challenges to the charge sheet should be raised in the appropriate criminal forum, not through a writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR and subsequent charge sheet (CS 170/2023) in Crime No. 138 of 2023, which alleged offences under Sections 376(2)(m), 352, 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, finding the petitioners’ involvement. The Court held that any challenge to the charge sheet must be made in the appropriate criminal proceeding and not through a writ petition, especially in the absence of the petitioners. Consequently, the Court declined to grant any further indulgence and dismissed the petition, consigning it to the records.

Issues considered

  • Whether a writ petition challenging an FIR and charge sheet is maintainable when the charge sheet has already been filed
  • Whether the petition can be entertained in the absence of the petitioners’ representation

Legislation cited

Subjects

  • writ petition
  • FIR
  • charge sheet
  • Indian Penal Code
  • Sections 376 352 504 506
  • criminal procedure
  • High Court
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 7051 of 2023

                                    Amir Ahmad And 5 Others
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 2 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                                  :     Krishna Gopal
                                    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.138 of 2023, under Sections 376 (2)(m), 352, 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 170/2023 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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