Allahabad High Court
TIKA RAMversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of the charge sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioner Tika Ram 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's Additional Government Advocate appeared. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Director General of Police. Relying on the fact that 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 the petitioner was directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21320 of 2025
Tika Ram
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradeep Kumar, Ramanveer Singh
Varma
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 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…