Allahabad High Court
MOHAN SHARMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes the maintenance of a writ seeking to quash the FIR.
Summary
Petitioners Mohan Sharma and another filed a criminal miscellaneous writ petition under Article 226 challenging the registration of an FIR by the State of Uttar Pradesh. The petition was filed after the police had already filed a charge sheet in the matter, as indicated by a report from the Director General of Police's Legal Cell dated 02.05.2026. The High Court examined the report and held that since the charge sheet had been filed, the FIR could no longer be the subject of a writ for quashing. Consequently, the Court dismissed the writ petition and directed the petitioners to seek any other remedy available under law. The decision underscores that once a charge sheet is filed, a writ petition challenging the FIR is not maintainable.
Issues considered
- Whether a writ petition under Article 226 challenging an FIR is maintainable after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- Article 226
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5452 of 2025
Mohan Sharma And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Daya Shankar
Counsel for Respondent(s) : G.A., Jamil Ahamad Azmi
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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