Allahabad High Court
BADAN SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHER
- Decided
Holding
A writ petition challenging an FIR cannot be entertained after a charge‑sheet has been filed; it must be dismissed.
Summary
Petitioners Badan Singh and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted a report indicating that the police had already filed a charge‑sheet. The Court observed that once a charge‑sheet is filed, a writ petition that seeks to contest the FIR is not maintainable. Consequently, the petition was dismissed and consigned to the record, with the Court noting that the petitioners may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the filing of a charge‑sheet.
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18311 of 2025
Badan Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Other
.....Respondent(s)
Counsel for Petitioner(s) : Dwijendra Prasad
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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