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
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