Allahabad High Court
NARAYAN DASversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as the filing of a charge-sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioner, Narayan Das, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The petition was heard in the Allahabad High Court, but the petitioner was not present while the State's counsel appeared. The court noted that a charge-sheet had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police dated 16 April 2026. Since the charge-sheet was on record, the court held that the writ petition seeking to quash the FIR could not be entertained. Consequently, the court dismissed the petition and consigned it to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18013 of 2022
Narayan Das
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Kumar Singh
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised list. No one is present for the petitioner (s).
Learned AGA is present for the State.
2. We have perused the office report dated 16.04.2026 which is quoted as
below:-
"As per report submitted by the Legal Cell, O/o Director General of Police,
U.P., the charge-sheet has been filed."
3. In view of the fact that charge-sheet has already been submitted and since
the writ petition is challenging the FIR, we are of the view that the writ
petition be dismissed and it be consigned to record.
4. The writ petition is, accordingly, dismissed. The petitioner (s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 20, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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