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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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