Allahabad High Court
PAPPU AND 5 OTHERSversusState of U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the filing of a charge sheet precludes challenging the FIR through a writ.
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 22 April 2026 indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge sheet is filed, the FIR cannot be contested through a writ petition. Consequently, the Court dismissed the petition and directed the petitioners to seek any other appropriate remedy under law. The petition was consigned to the record.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21313 of 2024
Pappu And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kuamr Yadav
Counsel for Respondent(s) : Bharat Singh, 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 22.4.2026 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…