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Allahabad High Court

SWARN SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

A writ petition challenging an FIR cannot be entertained after the charge‑sheet has been filed.

Summary

Petitioner Swarn Singh filed a criminal miscellaneous writ petition challenging the registration of the FIR against him. The petition was heard in the revised call with no petitioner present, while the learned Additional Government Advocate represented the State. The court examined a report dated 22‑04‑2026 from the Legal Cell of the Director General of Police, Uttar Pradesh, confirming that a charge‑sheet had already been filed in the case. The court held that once a charge‑sheet is filed, a writ petition seeking to quash the FIR is not maintainable. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may pursue any other remedy available under law.

Issues considered

  • The writ petition challenging the FIR is maintainable after the filing of a charge‑sheet.

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21631 of 2024

                                    Swarn Singh
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)         : A.K. Mishra, Sati Shanker Tripathi
                                    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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