Allahabad High Court
VIMAL KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition challenging the FIR was dismissed as it is not maintainable after the filing of a charge-sheet.
Summary
The petitioners Vimal Kumar and two others filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of the FIR against them. The State, represented by the learned Additional Government Advocate, submitted that the charge-sheet had already been filed, as per a report dated 11 May 2026 from the Legal Cell of the Director General of Police, Uttar Pradesh. The Court noted that the filing of a charge-sheet indicates that the investigation had progressed beyond the stage of merely filing an FIR. Consequently, the Court held that a writ petition seeking to quash the FIR is not maintainable after a charge-sheet is filed. The petition was therefore dismissed and consigned to the record, with the petitioners directed to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the registration of an FIR is maintainable after the charge-sheet has been filed
Subjects
- writ petition
- FIR
- charge-sheet
- maintainability
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4483 of 2023
Vimal Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Singh, Yadu Nath 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 list. No one is present for the petitioner (s).
Learned AGA is present for the State.
2. We have perused the office report dated 11.05.2026 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.)
May 12, 2026
AKT
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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