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Allahabad High Court

SWATANTRA RAJPOOT AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition challenging the FIR is not maintainable once the charge sheet has been filed and must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed by the Director General of Police. The Court observed that once a charge sheet is filed, the FIR issue is no longer maintainable before the court. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. No further hearing was conducted as the petitioners were absent.

Issues considered

  • Whether a criminal miscellaneous writ petition challenging an FIR is maintainable after the charge sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • Criminal Procedure Code
  • High Court
  • maintainability

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21335 of 2025

                                    Swatantra Rajpoot And Another
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)            : Krishna Kumar Shukla, Rohit Singh
                                    Counsel for Respondent(s)            : G.A., Hariom Tiwari

                                    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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