Allahabad High Court
SHIVPUJAN @ MODH. UMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as the charge sheet had already been filed, rendering the challenge to the FIR untenable.
Summary
Petitioner Shivpujan filed a criminal miscellaneous writ petition challenging the FIR registered against him. The petition was heard in the revised call before a two‑judge bench of the Allahabad High Court. The court noted that the charge sheet in the case had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh. Since the charge sheet was on record, the court held that the writ petition challenging the FIR could not be entertained. Consequently, the petition was dismissed and consigned to the record, with a direction that the petitioner may seek any other remedy available under law.
Issues considered
- Whether a writ petition challenging the registration of an FIR can be entertained after the 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. - 5358 of 2023
Shivpujan @ Modh. Umar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Dayal Tiwari
Counsel for Respondent(s) : Ajay Kumar Singh, G.A., Raj Kumar
Khanna
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
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