Allahabad High Court
SANTOSH KUMAR PANDEY @ SANTOSH PANDEYversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A writ petition challenging the FIR is dismissed when a charge sheet has already been filed.
Summary
The petitioner, Santosh Kumar Pandey, filed a criminal miscellaneous writ petition challenging the FIR lodged against him. The State, represented by the Additional Government Advocate, submitted that a charge sheet had already been filed, as per a report dated 02.05.2026 from the Legal Cell of the Uttar Pradesh Police. The Court noted that the filing of a charge sheet indicated that the investigation had progressed beyond the stage of the FIR. Consequently, the Court held that the writ petition, which sought to contest the FIR, could not be entertained after the charge sheet was filed. The petition was therefore dismissed and consigned to the record, with a direction that the petitioner may pursue any other legal remedy available. The decision was delivered by Judges Siddhartha Varma and Jai Krishna Upadhyay on 5 May 2026.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5432 of 2023
Santosh Kumar Pandey @ Santosh Pandey
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mool Chandra Mishra
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
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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