Allahabad High Court
UMA SHANKARversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge-sheet renders the challenge to the FIR non-maintainable.
Summary
The petitioner filed a criminal miscellaneous writ petition challenging the FIR filed against him. The State, represented by the learned Additional Government Advocate, submitted that a charge-sheet had already been filed, as per a report dated 16-04-2026 from the Legal Cell of the Director General of Police, U.P. The Court observed that once a charge-sheet is filed, a writ petition questioning the FIR is not maintainable. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19090 of 2024
Uma Shankar
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Dhar Yadav
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 16.04.2026 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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