Allahabad High Court
JITENDRA KUMAR AGRAWAL AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is dismissed when the charge-sheet has already been filed, as the matter is no longer maintainable before the Court.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report indicating that the charge-sheet had already been filed. The Court noted that the filing of the charge-sheet rendered the challenge to the FIR moot. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. No substantive examination of the FIR's legality was undertaken as the procedural stage had progressed beyond the petitioner's challenge.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the 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. - 1815 of 2023
Jitendra Kumar Agrawal And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Kesharwani
Counsel for Respondent(s) : Amit Shukla, 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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