Allahabad High Court
BINEET KUMAR @ CHUNKAUNA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed because the charge‑sheet had already been filed.
Summary
The petitioners Bineet Kumar and another filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The respondents, the State of Uttar Pradesh and others, opposed the petition. The court noted that a charge‑sheet had already been filed, as per a report from the Legal Cell of the Director General of Police dated 22‑April‑2026. Since the charge‑sheet was on record, the court held that the petition challenging the FIR could not proceed. Consequently, the writ petition was dismissed and consigned to the record, with the petitioners directed to seek any other legal remedy available. The decision was delivered by Justices Siddhartha Varma and Jai Krishna Upadhyay on 23‑April‑2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge‑sheet has been filed.
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21452 of 2025
Bineet Kumar @ Chunkauna And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Mishra
Counsel for Respondent(s) : Adarsh Dwivedi, Devdatt, G.A.,
Mayank Krishna S Chandel
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 and Sri Adarsh Dwivedi learned counsel for
the informant are present.
2. We have perused the office report dated 22.4.2026 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
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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