Allahabad High Court
AMBUJ PANDEYversusState of UP AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as the charge sheet had already been filed.
Summary
The petitioner, Ambuj Pandey, filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 22 April 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge sheet indicated that the investigation had progressed beyond the stage of merely questioning the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, was no longer maintainable. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 23 April 2026.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after a 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. - 21642 of 2024
Ambuj Pandey
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Prasad
Counsel for Respondent(s) : G.A., Lavkush Pal
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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