Allahabad High Court
BHUPENDRA @ SHAHENSHAH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable after the filing of a charge sheet and must be dismissed.
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 learned Additional Government Advocate, submitted an office report indicating that a charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge sheet is filed, the remedy of challenging the FIR through a writ petition is no longer available. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other appropriate legal remedy. No further evidence or arguments were presented by the petitioners at the hearing.
Issues considered
- What is the appropriate remedy when a petition challenges an FIR 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. - 21658 of 2025
Bhupendra @ Shahenshah And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anita Singh, Kumari Poonam Rajpoot,
Nirmla Kumari, Prem Babu Verma
Counsel for Respondent(s) : Brijesh Kumar Yadav, 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 22.4.2026 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
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
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