Allahabad High Court
PREM CHAND PATHAKversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR is dismissed as the charge‑sheet has already been filed.
Summary
The petitioner filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State submitted a report indicating that a charge‑sheet had already been filed in the case. The Court examined whether a writ petition questioning the FIR could be entertained after the charge‑sheet was lodged. It held that the filing of the charge‑sheet rendered the petition unnecessary and the challenge to the FIR untenable. Consequently, the petition was dismissed and the petitioner was directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after a charge‑sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18405 of 2025
Prem Chand Pathak
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ayush Kaushik
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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