Allahabad High Court
VINEET MISHRA @ BANTI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as 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, represented by the learned Additional Government Advocate, submitted an office report dated 16‑04‑2026 indicating that a charge‑sheet had already been filed in the matter. The Court observed that once a charge‑sheet is filed, the FIR issue is no longer maintainable before this Court. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other remedy available under law. The dismissal was pronounced by a two‑judge bench of the Allahabad High Court.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- criminal procedure
- Allahabad High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1824 of 2023
Vineet Mishra @ Banti And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Kumar Kashyap, V.P. Singh
Kashyap
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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