Allahabad High Court
VIKAS SHARMAversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed because the filing of a charge-sheet precludes further challenge to the FIR.
Summary
Vikas Sharma filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The petition was filed after the police had already filed a charge-sheet in the matter, as indicated by the report from the Director General of Police, U.P. The court noted that the filing of a charge-sheet signifies that the investigation is complete and the FIR cannot be contested thereafter. Consequently, the bench held that the writ petition could not be entertained. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available. No substantive hearing was conducted as the petitioner was not present.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge-sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18386 of 2025
Vikas Sharma
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Srivastava, Sr. Advocate
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 16.4.2026 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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