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Allahabad High Court

GURU DUTT AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR cannot be entertained once a charge sheet has been filed; therefore, the petition must be dismissed.

Summary

The petitioners, Guru Dutt and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Director General of Police, submitted a charge sheet, as reflected in an office report dated 22‑04‑2026. The Court observed that the filing of the charge sheet indicated that the investigation was underway and that the petition sought to contest the FIR itself. Consequently, the Court held that the writ petition could not be entertained at this stage and ordered it to be dismissed. The petitioners were directed to pursue any other legal remedies available to them.

Issues considered

  • The writ petition challenges the validity of the FIR after a charge sheet has been filed.

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 21393 of 2025

                                    Guru Dutt And Another
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of Uttar Pradesh And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Subodh Kumar, Udit Chandra
                                    Counsel for Respondent(s)           :   Ashutosh Gupta, G.A., Prathamesh Upadhyay

                                    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 petitioners. Learned
                                    AGA is present for the State.

                                    2. We have perused the office report dated 22.04.2026 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 petitioners may avail such remedy
                                    as might be available under law.

                                    April 23, 2026
                                    vijay krishna
                                                                   (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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