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Allahabad High Court

DINESH AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

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

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the FIR filed against them. The petition was heard in the revised call, with no petitioner present and the State represented by an AGA. The court noted that the charge sheet 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 writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioners 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

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 21483 of 2025

                                    Dinesh And 4 Others
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Vikash Chandra Tiwari
                                    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 petitioners. 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 petitioners 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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