Allahabad High Court
RAMPAL AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The Court noted that the filing of the charge sheet rendered the challenge to the FIR moot. Consequently, the Court held that the writ petition could not proceed and ordered its dismissal. The petitioners were directed to seek any other legal remedy that may be available under law.
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
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21522 of 2025
Rampal And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aushim Luthra, Harishchandra Yadav
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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