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Allahabad High Court

BHAGWAN PASWAN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

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

Summary

The petitioners filed a criminal miscellaneous writ petition challenging the registration of an FIR, alleging impropriety. The State, represented by the Additional Government Advocate, submitted an office report dated 2 May 2026 indicating that the charge‑sheet had already been filed against the accused. The Court noted that once a charge‑sheet is filed, the FIR is no longer a live subject for judicial interference under the writ jurisdiction. Consequently, the Court held that the petition could not be entertained and ordered its dismissal. The petitioners were directed to seek any other remedy available under law.

Issues considered

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

Subjects

  • writ petition
  • FIR
  • charge sheet
  • Criminal Procedure Code
  • High Court
  • judicial review

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5390 of 2025

                                    Bhagwan Paswan And 4 Others
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Kamalesh Kumar Nishad, Ravindra Kumar
                                                                            Srivastava
                                    Counsel for Respondent(s)           :   Ashok Kumar Yadava, 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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