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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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