Created by Fuzzy Cloud

Allahabad High Court

RAJESH AND 3 OTHERSversusState of UP AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge-sheet precludes the maintainability of a challenge to the FIR.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted an office report dated 16 April 2026 indicating that a charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet signifies that the investigation had progressed beyond the stage of merely filing an FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge-sheet is filed. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other appropriate legal remedy. The decision underscores the principle that once a charge-sheet is filed, the remedy of challenging the FIR via a writ petition is no longer available.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable 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. - 18044 of 2024

                                    Rajesh And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of Up And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Akhilendra Yadav
                                    Counsel for Respondent(s)                  :   G.A., Shiv Kumar Gupta

                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.