Allahabad High Court
SAHIL MAGGU AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed because the filing of the charge sheet rendered the challenge to the FIR untenable.
Summary
The petitioners, Sahil Maggu and another, 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 dated 22 April 2026 indicating that the charge sheet in the matter had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge sheet is filed, the FIR is no longer subject to judicial scrutiny under a writ petition. Consequently, the Court dismissed the petition and directed that it be consigned to the record. The petitioners were advised that they may pursue any other remedy available under law.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR is maintainable after the filing of a charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- Allahabad High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21661 of 2025
Sahil Maggu And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Garg
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 22.4.2026 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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