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Allahabad High Court

SANTOSH VARMA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as the filing of a charge-sheet rendered the challenge to the FIR non-maintainable.

Summary

The petitioners, Santosh Varma 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 that a charge-sheet had already been filed, as per a report dated 16 April 2026 from the Legal Cell of the Uttar Pradesh Director General of Police. The Court noted that the filing of a charge-sheet indicated that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, was no longer maintainable. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other appropriate remedy 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
  • criminal procedure
  • high court
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18452 of 2025

                                    Santosh Varma And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           : Shailesh Singh Yadav
                                    Counsel for Respondent(s)           : G.A., Sanjay, Vinod Kumar Maurya

                                    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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