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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