Allahabad High Court
KIRANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as infructuous because only the FIR was challenged and the charge sheet was not.
Summary
The petitioner, Kiran, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR lodged against him. The State, represented by the Attorney General, informed the Court that the police had already submitted a charge sheet after completing the investigation. The petition only contested the FIR and did not challenge the charge sheet. The Court observed that since the charge sheet was not contested, there was no ground for further relief and the petition had become moot. Consequently, the writ petition was dismissed as infructuous.
Issues considered
- Whether an FIR can be challenged by a writ petition in the absence of a challenge to the charge sheet
- Whether the petition becomes infructuous when only the FIR is contested and the charge sheet is not
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
- Infructuous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4493 of 2023
Kiran
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prateek Mishra, Siddhartha Baghel
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. There are two counsel, Sri Prateek Mishra and Sri Siddhartha Baghel,
appearing for the petitioner in the instant case. Sri Siddhartha Baghel has
sent his illness slip. The case is listed peremptorily.
2. Learned A.G.A. has informed that charge sheet in the instant case has
been submitted by the police after due investigation.
3. In the instant matter only F.I.R. was challenged and charge sheet has not
been challenged. Therefore, no further order is required to be passed.
4. The writ petition is accordingly dismissed as having become infructuous.
May 12, 2026
AKT
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
ASHOK KUMAR TRIPATHI
High Court of Judicature at Allahabad
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