Allahabad High Court
DEEPAK SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed because the charge sheet has already been filed, rendering the challenge to the FIR untenable.
Summary
The petitioner, Deepak Singh, filed a criminal miscellaneous writ petition (No. 5345 of 2022) in the Allahabad High Court challenging the registration of the FIR against him. The petition was heard in the revised call, with no petitioner present and the State represented by an AGA. The court examined an office report dated 02.05.2026 indicating that the charge sheet in the case had already been filed by the Director General of Police, U.P. Since the charge sheet was filed, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the court dismissed the writ petition and consigned it to the record, directing the petitioner to seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the FIR can be entertained after the charge sheet has been filed
- Whether the High Court should dismiss the writ petition on the ground of the filing of the charge sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5345 of 2022
Deepak Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhaskar Bhadra
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 petitioners. 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 petitioners 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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