Allahabad High Court
ASHISH MOHANversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioner, Ashish Mohan, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The petition was heard in the revised call with no petitioner present, while the State was represented by the learned Additional Government Advocate. The court noted that a charge sheet had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was filed, the court held that the writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained 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. - 21312 of 2024
Ashish Mohan
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atul Kumar Shahi
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 call. No one is present for the
petitioner(s). Learned AGA is present for the State.
2. We have perused the office report dated 20.4.2026 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 23, 2026
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
Checking your session…