Allahabad High Court
RAJWANT SINGHversusSTATE OF U.P. & 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR is dismissed as it is not maintainable after the filing of a charge‑sheet.
Summary
The petitioner, Rajwant Singh, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The State, represented by the Assistant Government Advocate, submitted an office report indicating that a charge‑sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge‑sheet renders a challenge to the FIR untenable, as the matter is now sub‑judice before the trial court. Consequently, the Court held that the writ petition was not maintainable and ordered its dismissal. The petitioners were directed to seek any further relief through appropriate legal remedies.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after a charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18305 of 2025
Rajwant Singh
.....Petitioner(s)
Versus
State Of U.P. & 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Sarwar Khan
Counsel for Respondent(s) : G.A., Vikrant Neeraj
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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