Allahabad High Court
MAYANK SONKAR @ SHEETUversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioner, Mayank Sonkar, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the Assistant Government Advocate, submitted an office report dated 16‑04‑2026 indicating that the charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge‑sheet was on record, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge‑sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18200 of 2022
Mayank Sonkar @ Sheetu
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kashi Naresh Mishra
Counsel for Respondent(s) : Ambikesh Kumar Sharma, 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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