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Allahabad High Court

RAJEEV AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR against them. The State, through the learned Additional Government Advocate, submitted that a charge‑sheet had already been filed, as per a report dated 16‑04‑2026 from the Director General of Police’s Legal Cell. The Court examined whether a writ petition questioning the FIR could be entertained after the filing of a charge‑sheet. It held that once a charge‑sheet is filed, the FIR is no longer amenable to challenge by a writ petition and the petition must be dismissed. Accordingly, the petition was dismissed and the petitioners were directed to seek any other remedy available under law.

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18265 of 2025

                                    Rajeev And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Maohammd Nadeem
                                    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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