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Allahabad High Court

GURJEET DIWANversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The writ petition is dismissed because the filing of the charge sheet precludes further challenge to the FIR.

Summary

The petitioner, Gurjeet Diwan, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The petition was heard in the revised call before a two‑judge bench of the Allahabad High Court. 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 on record, the court held that the petition challenging the FIR could not be entertained. Consequently, the writ petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other remedy available under law.

Issues considered

  • Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed

Subjects

  • FIR
  • charge sheet
  • writ petition
  • criminal procedure
  • high court
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    CRIMINAL MISC. WRIT PETITION No. - 21463 of 2025

                                    Gurjeet Diwan
                                                                                                  .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)               :     Anil Kumar Yadav
                                    Counsel for Respondent(s)               :     G.A., Shiv Shanker Mishra

                                    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.




                                                             (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    April 23, 2026
                                    vijay krishna




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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