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Allahabad High Court

SURYA KUMAR MISHRA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed, and such petition must be dismissed.

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The High Court noted that the charge sheet in the matter had already been filed, as per a report from the Legal Cell of the Uttar Pradesh Police. Since the charge sheet was on record, the Court held that the writ petition, which sought to contest the FIR, was no longer maintainable. The Court therefore dismissed the petition and consigned it to the record, directing the petitioners to seek any other appropriate remedy. No substantive examination of the FIR’s legality was undertaken because the procedural stage had progressed beyond the petition’s scope.

Issues considered

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

Subjects

  • writ petition
  • FIR
  • charge sheet
  • maintainability
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21566 of 2025

                                    Surya Kumar Mishra And 2 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)         : Amit Misra, Rakesh Kumar Dubey
                                    Counsel for Respondent(s)         : G.A., Mohammad Shariq

                                    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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