Allahabad High Court
SHAILENDRA SINGH & ANOTHERversusSTATE OF U.P. & 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge-sheet had already been filed.
Summary
The petitioners Shailendra Singh and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Assistant Government Advocate, submitted an office report dated 16 April 2026 indicating that the charge-sheet had already been filed by the Director General of Police, U.P. The Court observed that since the charge-sheet was filed, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 20 April 2026.
Issues considered
- Whether a writ petition challenging an 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. - 18307 of 2025
Shailendra Singh & Another
.....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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