Created by Fuzzy Cloud

Allahabad High Court

LAV KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court held that a writ petition challenging the FIR cannot be entertained once the charge‑sheet has been filed.

Summary

The petitioner filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. No petitioner appeared before the court, while the learned Additional Government Advocate represented the State. The court examined a report dated 16‑04‑2026 indicating that the charge‑sheet had already been filed by the Director General of Police. Relying on the fact that the charge‑sheet was on record, the court held that the writ petition challenging the FIR was no longer maintainable. Consequently, the petition was dismissed and the petitioner was directed to seek any other remedy available under law.

Issues considered

  • Whether a writ petition challenging an FIR is maintainable after the charge‑sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • high court
  • dismissal
  • criminal procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18299 of 2025

                                    Lav Kumar
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                      :   Mohammad Danish
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.