Allahabad High Court
RAMPYARE YADAV AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge sheet had already been filed.
Summary
Petitioners Rampyare Yadav and another 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 a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. No substantive discussion on the merits of the FIR was undertaken.
Issues considered
- What is the appropriate remedy when a writ petition challenges an FIR after a 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. - 21374 of 2025
Rampyare Yadav And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajnish Sahai Saxena, Sanjeev Kumar
Singh
Counsel for Respondent(s) : G.A., Nagendra Kumar Tripathi
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
Checking your session…