Created by Fuzzy Cloud

Allahabad High Court

DHIRAJ SINGH AND ANOTHERversusSTATE OF UP AND 3 OTHERS

Decided

Holding

A writ petition challenging the FIR cannot be entertained after a charge‑sheet has been filed, and therefore must be dismissed.

Summary

The petitioners Dhiraj Singh and another filed a criminal miscellaneous writ petition (No. 5355 of 2025) in the Allahabad High Court challenging the registration of the FIR against them. The respondents, the State of Uttar Pradesh and three others, opposed the petition. The petition was heard in the revised call, with no petitioner present and the learned Additional Government Advocate appearing for the State. The court examined a report dated 2 May 2026 from the Legal Cell of the Director General of Police, which confirmed that a charge‑sheet had already been filed in the case. Relying on the principle that a writ petition cannot be entertained to set aside an FIR once a charge‑sheet is filed, the bench held that the petition had no merit. Consequently, the writ petition was dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.

Issues considered

  • Whether a writ petition under Article 226 challenging an FIR can be entertained after the filing of a charge‑sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • high court
  • dismissal
  • Allahabad High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5355 of 2025

                                    Dhiraj Singh And Another
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of Up And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Birendra Singh, Swati Singh
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.