Allahabad High Court
AVDESHversusSTATE OF U.P. 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 petitioner Avdesh filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the revised list before a two‑judge bench of the Allahabad High Court, with no petitioner present and the State represented by an AGA. The court examined the office report dated 16‑04‑2026, which confirmed that the police had already filed a charge‑sheet in the case. Since the charge‑sheet was on record, the court held that the petition, which sought relief against the FIR, was no longer maintainable. Consequently, the bench 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 the registration of an FIR can be entertained after a charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- dismissal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18271 of 2025
Avdesh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar 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
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