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Allahabad High Court

SHIV BAHADUR AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 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

The petitioners 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 April 2026 indicating that the police had already filed a charge-sheet. The Court noted that the filing of a charge-sheet rendered the challenge to the FIR moot, as the investigation had progressed to the stage of prosecution. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available to them under the law.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the filing of a charge-sheet

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18227 of 2025

                                    Shiv Bahadur And 2 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Ankit Pandey, Deepak Gaur
                                    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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