Allahabad High Court
ASHWANI SAGAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging the FIR is dismissed when a charge‑sheet has already been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report dated 16‑04‑2026 indicating that a charge‑sheet had already been filed in the matter. The Court observed that since the charge‑sheet was filed, the petition’s challenge to the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and ordered it to be consigned to the record, directing the petitioners to seek any other legal remedy available. The decision reflects the principle that once a charge‑sheet is filed, a petition challenging the FIR is generally deemed inadmissible.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the filing of a charge‑sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18396 of 2022
Ashwani Sagar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Yadav
Counsel for Respondent(s) : G.A., Ram Awadh Mishra, Yogesh
Krishna Mishra
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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