Allahabad High Court
SIDDARTH RAJA PARMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is not maintainable because the matter is already before the magistrate after the charge‑sheet, rendering the FIR irrelevant at this stage.
Summary
The petitioner, Siddarth Raja Parmar, filed a criminal miscellaneous writ petition seeking protection from the police after the police had submitted a charge-sheet in the magistrate's court. The petitioner argued that the first information report (FIR) should be considered at this stage. The High Court observed that once the charge-sheet is filed, the matter is already before the learned magistrate and the FIR is no longer a relevant procedural step. Consequently, the petition was deemed not maintainable in the present circumstances. The Court consigned the petition to the records, allowing the petitioner to file a fresh petition if a re‑investigation is ordered. No substantive orders were made beyond this procedural direction.
Issues considered
- Whether a writ petition seeking protection from police is maintainable after the police have filed a charge‑sheet and the matter is before the magistrate.
- Whether the first information report is required at the stage of charge‑sheet filing.
Subjects
- criminal procedure
- charge-sheet
- magistrate jurisdiction
- writ petition
- first information report
- re‑investigation
- police protection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16767 of 2025
Siddarth Raja Parmar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Agrawal
Counsel for Respondent(s) : G.A., Rajeev Kumar
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Sanjay Agrawal, learned counsel for the petitioner and Sri
Anand Vikram Singh, learned AGA for the State.
2. In compliance of the previous order, Sri Sanjay Agrawal has placed
certified copy of the order of the learned Magistrate who has proceeded in
the matter of charge-sheet by summoning the I.O.
3. In our considered view now such matter is seized of the learned
Magistrate after submission of the charge-sheet by the police in Court.
The first information report at this stage does not arise.
4. Accordingly, petition is consigned to records with the liberty to the
petitioner to apply afresh in the event re-investigation is ordered and
petitioner seeks any protection from the police.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 6, 2026
Pratima
Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad
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