Allahabad High Court
GOVIND NISHADversusState of UP AND 6 OTHERS
- Decided
Holding
A writ petition challenging the FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioner, Govind Nishad, filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the revised call before a two‑judge bench of the Allahabad High Court, with no petitioner representation present. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh dated 22 April 2026. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision underscores that once a charge sheet is filed, a writ petition challenging the FIR is not maintainable.
Issues considered
- Whether a writ petition challenging the FIR is maintainable 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. - 21368 of 2024
Govind Nishad
.....Petitioner(s)
Versus
State Of Up And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Shankar Mishra, Shardendu Mishra
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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