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Allahabad High Court

RAJEEVversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR is dismissed as the charge sheet has already been filed.

Summary

The petitioner Rajeev filed a criminal miscellaneous writ petition in the Allahabad High Court seeking relief against the FIR registered against him. The petition was filed after the investigation had progressed and a charge‑sheet had already been filed by the police. The respondents, the State of Uttar Pradesh and two others, were represented by G.A. The Court examined the office report dated 22‑04‑2026 confirming that the charge‑sheet was filed. Relying on the principle that a writ petition cannot be entertained to quash an FIR once a charge‑sheet is on record, the Court dismissed the petition and consigned it to the record, directing the petitioner to pursue any other remedy available under law. The petition was therefore dismissed.

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. - 21447 of 2025

                                    Rajeev
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                               :    Mohd. Naushad
                                    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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