Allahabad High Court
SHIVAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is dismissed when a charge‑sheet has already been filed, as the matter is no longer maintainable before the court.
Summary
The petitioners, Shivam, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report dated 16 April 2026 indicating that a charge‑sheet had already been filed in the matter. The Court noted that the filing of a charge‑sheet rendered the challenge to the FIR moot. Consequently, the judges held that there was no ground to entertain the writ petition and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available under the law.
Issues considered
- The writ petition challenges the validity of the FIR 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. - 18236 of 2025
Shivam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Niladra Shekhar Singh
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
Checking your session…