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Allahabad High Court

RAKESH SHARMA AND 5 OTHERSversusState of UP AND 2 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge-sheet has been filed, and therefore must be dismissed.

Summary

Petitioners Rakesh Sharma and five others filed a criminal miscellaneous writ petition in the Allahabad High Court 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 in the matter had already been filed by the Director General of Police, U.P. The Court observed that once a charge-sheet is filed, the FIR issue is no longer maintainable before the High Court under a writ petition. Consequently, the Court held that the petition must be dismissed and consigned to the record. The petitioners were directed to seek any other remedy available under law.

Issues considered

  • What is the maintainability of a writ petition challenging an FIR after a charge-sheet has been filed?

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18079 of 2024

                                    Rakesh Sharma And 5 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                  :   Dheeraj Kumar Dwivedi
                                    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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