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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