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Allahabad High Court

RAVI AND 7 OTHERSversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition was dismissed as the charge‑sheet had already been filed, rendering the challenge to the FIR untenable.

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 16‑04‑2026 indicating that the charge‑sheet had already been filed. The Court observed that once a charge‑sheet is filed, the FIR issue is no longer maintainable before the High Court. Consequently, the writ petition was dismissed and consigned to the record, with a direction that the petitioners may seek any other remedy available under law. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 20‑April‑2026.

Issues considered

  • Whether a writ petition challenging the FIR is maintainable after the charge‑sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • maintainability
  • criminal procedure
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18061 of 2022

                                    Ravi And 7 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 5 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Abhishek       Mayank,             Abhishek
                                                                        Srivastava
                                    Counsel for Respondent(s)         : G.A., Shiv Sharan Tripathi

                                    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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