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Allahabad High Court

ALOK KUMAR DUBEY AND 5 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

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

Summary

The petitioners, Alok Kumar Dubey and five others, filed a criminal miscellaneous writ petition challenging the registration of an FIR against them. The respondents, the State of Uttar Pradesh and two others, were represented by the Additional Government Advocate. The High Court examined the office report dated 2 May 2026, which confirmed that a charge sheet had already been filed in the case. Since the filing of a charge sheet indicated that the investigation had progressed beyond the stage of the FIR, 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 legal remedy available to them.

Issues considered

  • Whether a writ petition challenging the registration of an FIR can be entertained after a charge sheet has been filed

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • High Court
  • dismissal
  • legal remedy

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5358 of 2025

                                    Alok Kumar Dubey And 5 Others
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of Uttar Pradesh And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Abhishek Bhushan, Arpan Srivastava
                                    Counsel for Respondent(s)           :   G.A., Kunwar Ajay Singh, Phool Singh Yadav

                                    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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