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Allahabad High Court

MANISH VARSHNEYversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed because the charge sheet had already been filed.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted an office report indicating that a charge sheet had already been filed in the matter. The Court noted that the filing of a charge sheet renders a challenge to the FIR untenable. Consequently, the Court held that the writ petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after a charge sheet has been filed

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    CRIMINAL MISC. WRIT PETITION No. - 21422 of 2025

                                    Manish Varshney
                                                                                                 .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Bishram Tiwari, Jitendra Singh
                                    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 petitioners may avail
                                    such remedy as might be available under law.




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




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

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