Allahabad High Court
RAM NEWAS AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge‑sheet has already been filed, rendering the challenge to the FIR untenable.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of the FIR. The State, represented by the learned Additional Government Advocate, submitted an office report dated 16‑04‑2026 indicating that the charge‑sheet had already been filed. The Court observed that once a charge‑sheet is filed, the FIR issue is moot for a writ petition. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other remedy available under law. The dismissal reflects the principle that a writ cannot be entertained to contest an FIR after the investigation has progressed to filing of a charge‑sheet.
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. - 1833 of 2023
Ram Newas And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Prakash Srivastava
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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