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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