Allahabad High Court
LOVKUSH @ RAMACHARYA SHARMAversusSTATE OF U.P. AND 2 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, Lovkush @ Ramacharya Sharma, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR. The State, represented by the Additional Government Advocate, submitted an office report dated 02.05.2026 indicating that a charge sheet had already been filed by the Director General of Police, U.P. The Court observed that since the charge sheet was filed, the petition challenging the FIR could not be entertained. Consequently, the Court dismissed the writ petition and directed that it be consigned to the record, noting that the petitioner could seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after a charge sheet has been filed
Subjects
- Criminal Procedure Code
- FIR
- Charge Sheet
- Writ Petition
- High Court
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5345 of 2023
Lovkush @ Ramacharya Sharma
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Kumar Shukla, Dharmesh
Kumar Shukla
Counsel for Respondent(s) : Upendra Kumar Pushkar
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(s). 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(s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 5, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
Checking your session…