Allahabad High Court
KRISHNA CHAURASIA AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR cannot be entertained once the charge sheet has been filed.
Summary
Petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR. The State, through the Additional Government Advocate, submitted an office report indicating that the charge sheet had already been filed. The Court examined whether the petition could proceed given the filing of the charge sheet. It held that once a charge sheet is filed, a petition challenging the FIR becomes untenable. Consequently, the Court dismissed the writ petition and consigned it to the record, directing petitioners to seek any other appropriate remedy.
Issues considered
- Whether a writ petition challenging the FIR is maintainable after the charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- high court
- Allahabad
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21689 of 2025
Krishna Chaurasia And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Chaurasia, Sanjai Singh,
Yashwant Pratap Singh
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
Checking your session…