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
Checking your session…