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Allahabad High Court

ANKIT KUMAR KHANDELWAL AND ANOTHERversusState of UP AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge sheet has been filed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR against them. The petition was filed after the police had already filed a charge sheet, as indicated by a report from the Legal Cell of the Director General of Police, Uttar Pradesh dated 22 April 2026. The court noted that the charge sheet had been filed, rendering the challenge to the FIR moot. Consequently, the judges held that the writ petition could not proceed and ordered its dismissal. The petitioners were advised to seek any other legal remedies that may be available under the law.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21692 of 2024

                                    Ankit Kumar Khandelwal And Another
                                                                                                       .....Petitioner(s)
                                                                           Versus

                                    State Of Up And 3 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)            : Dharmendra Shukla, Kabeer Tiwari
                                    Counsel for Respondent(s)            : G.A., Pramod Kumar Srivastava

                                    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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