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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