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Allahabad High Court

MADAN GOPAL SINGH EX-PRESIDENT OF BAR ASSOCIATION, MATHURA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition challenging the FIR is not maintainable once the charge sheet has been filed, and therefore must be dismissed.

Summary

Petitioners Madan Gopal Singh and another filed a criminal miscellaneous writ petition challenging the FIR lodged against them. The petition was filed before the High Court of Judicature at Allahabad. The court noted, via an office report dated 02.05.2026, that the charge sheet in the case had already been filed by the Director General of Police, Uttar Pradesh. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, was no longer maintainable. Consequently, the court dismissed the petition and directed the petitioners to seek any other remedy available under law.

Issues considered

  • Whether a writ petition challenging an FIR is maintainable after the charge sheet has been filed

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5357 of 2025


                                    Madan Gopal Singh Ex-President Of Bar Association,
                                    Mathura And Another
                                                                                                           .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)              :     Sunil Kumar Upadhyay, Sr. Advocate
                                    Counsel for Respondent(s)              :     Amit Daga, Chandra Kant Tripathi, 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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