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Allahabad High Court

RAJESH PANDEY @ SONU PANDEYversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as the filing of a charge sheet precludes further challenge to the FIR through a writ.

Summary

The petitioner, Rajesh Pandey, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The State, represented by the Assistant Government Advocate, submitted an office report indicating that the charge sheet had already been filed by the Director General of Police, Uttar Pradesh. The Court observed that once a charge sheet is filed, a writ petition questioning the FIR is not maintainable. Consequently, the Court dismissed the petition and directed it to be consigned to the record, while noting that the petitioner may seek any other legal remedy available. The decision was pronounced by Judges Siddhartha Varma and Jai Krishna Upadhyay on May 5, 2026.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the filing of a charge sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5341 of 2022

                                    Rajesh Pandey @ Sonu Pandey
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                                :     Gaurav Tiwari
                                    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. Learned
                                    AGA is present for the State.

                                    2. We have perused the office report dated 02.05.2026 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 may avail such remedy
                                    as might be available under law.

                                    May 5, 2026
                                    vijay krishna
                                                                   (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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