Allahabad High Court
RAKESH CHANDRA AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes further challenge to the FIR.
Summary
The petitioners Rakesh Chandra and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22 April 2026 indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet rendered the challenge to the FIR moot and that the petition was not maintainable at this stage. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. The decision underscores that once a charge sheet is filed, a writ petition solely challenging the FIR cannot proceed.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21414 of 2024
Rakesh Chandra And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Uday Prakash Sriwastawa
Counsel for Respondent(s) : Babul Kumar Sharma, G.A., S. A.
Khan
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 22.04.2026 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(s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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