Allahabad High Court
GAURAV AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition seeking to quash an FIR cannot be entertained once a charge-sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that a charge-sheet had already been filed by the Director General of Police, U.P. The Court examined the report and noted that the charge-sheet filing signified the completion of the investigation. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge-sheet has been filed. The petition was therefore dismissed, with the petitioners directed to seek any other appropriate remedy under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the 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. - 18287 of 2025
Gaurav And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kanjaanan Pyare Singh
Counsel for Respondent(s) : Atul Kumar Tiwari, 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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