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Allahabad High Court

SURAJ MISHRA AND ANOTHERversusState of UP AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as it was not maintainable after the filing of the charge sheet.

Summary

The petitioners, Suraj Mishra and another, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the learned Additional Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet indicated that the investigation had progressed beyond the stage where an FIR could be contested through a writ. Consequently, the Court held that the petition was not maintainable 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 is maintainable 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. - 21437 of 2024

                                    Suraj Mishra And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)       : Brajesh Kumar         Solanki,     Pranjal
                                                                      Kesarwani
                                    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(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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