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Allahabad High Court

BABU ALIAS BABULALversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR was dismissed as the charge sheet had already been filed.

Summary

The petitioner, Babu alias Babulal, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against him. The State, represented by the Additional Government Advocate, submitted an office report dated 22 April 2026 indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet renders a challenge to the FIR in a writ petition untenable. Consequently, the Court held that the petition could not proceed and ordered its dismissal. The judgment directed that the petitioner may seek any other remedy available under law, and the petition was consigned to the record.

Issues considered

  • Whether a writ petition challenging an FIR is maintainable after a charge sheet has been filed

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 21467 of 2025

                                    Babu Alias Babulal
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of Uttar Pradesh And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Sudhir Kumar Agarwal
                                    Counsel for Respondent(s)                        :    G.A., Garun Pal Singh

                                    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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