Allahabad High Court
NARENDRA SINGH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the charge sheet has already been filed, rendering the challenge to the FIR impermissible.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The Court noted that the filing of a charge sheet renders a challenge to the FIR untenable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing the petitioners to seek any other legal remedy available. The decision underscores that once a charge sheet is filed, the FIR cannot be contested through a writ petition.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21677 of 2025
Narendra Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vibhu Rai
Counsel for Respondent(s) : G.A., Sanjiv Kumar Dwivedi
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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