Allahabad High Court
DEVRAJ SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of a charge sheet precludes the Court from entertaining a challenge to the FIR.
Summary
The petitioner, Devraj Singh, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. The State, represented by the Attorney General, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Uttar Pradesh 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, could not be entertained after the charge sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 23 April 2026.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the 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. - 21332 of 2025
Devraj Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiva Priya Prasad
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
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