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Allahabad High Court

SAURABH SINGHversusState of UP AND 4 OTHERS

Decided

Holding

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

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR filed against them. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that since the charge-sheet was on record, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record. The petitioners were advised to seek any other legal 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
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18082 of 2024

                                    Saurabh Singh
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of Up And 4 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          : Bhaskar Bhadra, Rajveer Chaurasiya
                                    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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