Allahabad High Court
MURARI ALIAS KRISHNA MURARIversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of the charge sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioner, Murari alias Krishna Murari, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The petition was heard in the revised call with no petitioner present, while the State was represented by counsel. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was filed, the court held that the writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the charge sheet has been filed
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21449 of 2025
Murari Alias Krishna Murari
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Meeta Kesarwani, Sudhir Kumar Agarwal
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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