Allahabad High Court
AJEET SAXENA AND 2 OTHERSversusTHE STATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as infructuous because the charge sheet has been filed.
Summary
Petitioners Ajeet Saxena and two others filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The State of Uttar Pradesh, through the learned Additional Government Advocate, submitted a counter‑affidavit stating that a charge sheet had already been filed in the case. The petitioners argued that the FIR should be quashed, but the respondents contended that the filing of the charge sheet rendered the petition infructuous. The Court examined the submission and found merit in the respondents' argument that the matter was now beyond the scope of the writ. Consequently, the Court dismissed the writ petition as having become infructuous. The dismissal effectively upholds the continuation of the criminal proceedings based on the charge sheet.
Issues considered
- What is the effect of filing a charge sheet on the maintainability of a writ petition challenging the FIR?
Subjects
- FIR
- charge sheet
- writ petition
- infructuous
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23788 of 2024
Ajeet Saxena And 2 Others
.....Petitioner(s)
Versus
The State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Narayan Singh, Ram Bahadur, Sr.
Advocate
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Learned A.G.A. has filed short counter affidavit, which is taken on
record.
2. In the affidavit, it has been stated that charge sheet in the instant matter
has been submitted.
3. Learned A.G.A. states that instant writ petition has been filed
challenging the F.I.R. No challenge there to be with regard to the charge
sheet, therefore, the same may be dismissed as having become
infructuous.
4. We find substance, in the argument of learned A.G.A. Accordingly, the
writ petition is dismissed as having become infructuous.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 12, 2026
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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