Allahabad High Court
Rohit and 3 othersversusState of U.P. through Principal secratary Home government of U.P. at Lucknow and 3 others
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Assistant Government Advocate, submitted an office report indicating that the charge sheet had already been filed on 22 April 2026. The Court noted that the filing of a charge sheet renders a challenge to the FIR untenable at this stage. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other appropriate remedy under law. The decision underscores that once a charge sheet is filed, the FIR cannot be contested through a writ petition.
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
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21373 of 2024
Rohit And 3 Others
.....Petitioner(s)
Versus
State Of U.P. Through Principal Secratary Home
Government Of U.P. At Lucknow And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Dwijendra Prasad
Counsel for Respondent(s) : G.A., Vivek Kumar Sharma
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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