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Allahabad High Court

BIJENDRA AND 3 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. The State, represented by the Additional Government Advocate, submitted an office report dated 02.05.2026 indicating that the charge sheet had already been filed. The Court noted that the filing of a charge sheet renders a challenge to the FIR untenable at the writ stage. Consequently, the Court dismissed the petition and ordered it to be consigned to the record, directing the petitioners to seek any other appropriate remedy. The decision underscores that once a charge sheet is filed, the appropriate forum for contesting the FIR is not a writ petition.

Issues considered

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

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 5422 of 2022

                                    Bijendra And 3 Others
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U P And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Aijaz Ahmad Khan, Umesh Panday
                                    Counsel for Respondent(s)                :   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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