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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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