Allahabad High Court
ABHILAKH YADAV AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed, and such petition must be dismissed.
Summary
The petitioners, Abhilakh Yadav and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 16‑April‑2026 indicating that the police had already filed a charge‑sheet. The Court noted that the filing of a charge‑sheet signifies the completion of the investigation and that the petition sought to contest the FIR after this stage. Consequently, the Court held that the writ petition was premature and could not be entertained. The petition was therefore dismissed and consigned to the record, with the petitioners directed to pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18358 of 2025
Abhilakh Yadav And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Digvijay Singh, Sudhir Kumar Singh
Counsel for Respondent(s) : G.A., Nirbhay Singh
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 16.4.2026 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
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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