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Allahabad High Court

KULDEEP AND 2 OTHERSversusState of UP AND 2 OTHERS

Decided

Holding

The writ petition was dismissed because the filing of a charge sheet rendered the challenge to the FIR untenable.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. 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 police. The Court noted that since the charge sheet was filed, the petition challenging the FIR was no longer maintainable. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. The dismissal was recorded 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
  • Writ Petition
  • Charge Sheet
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21517 of 2024

                                    Kuldeep And 2 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Ashok Kumar Mishra, Surjeet Singh
                                    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
                                    petitioner(s). 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(s) may avail
                                    such remedy as might be available under law.


                                                           (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    April 23, 2026
                                    M.S. Ansari




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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