Allahabad High Court
HARSHIT GUPTA AND 3 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge‑sheet precludes further challenge to the FIR before this Court.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, through the Additional Government Advocate, submitted a report indicating that a charge‑sheet had already been filed in the matter. The Court noted that once a charge‑sheet is filed, the FIR issue is no longer maintainable before the High Court. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other appropriate remedy. The decision was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on 20 April 2026.
Issues considered
- The 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. - 18120 of 2024
Harshit Gupta And 3 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girja Shanker Sen, Krishna Dutt
Awasthi
Counsel for Respondent(s) : Manoj Kumar Gupta, 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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