Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.