Created by Fuzzy Cloud

Allahabad High Court

BRIJESHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition that merely challenges the FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioner, Brijesh, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against him. 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, Uttar Pradesh. The Court noted that the filing of a charge sheet renders a challenge to the FIR moot, as the investigation had progressed to the stage of formal charges. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other legal remedy available. The decision underscores that once a charge sheet is filed, a writ petition solely contesting the FIR is not maintainable.

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. - 21403 of 2025

                                    Brijesh
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Dhiraj Kumar Sharma
                                    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. 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 petitioner 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.